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在民法的人格权中,隐私权居于核心地位,至为重要,因为它所体现的利益是民事主体私生活的自由与安宁,它内涵的个人信息是每一个个体追求幸福所必需的重要构成条件。患者隐私权是隐私权的一种,其客体具有特定性。患者在接受医疗机构的诊治过程中,需要向医方让渡特定的隐私权,但是这种让渡并不当然存在于医疗观摩中。作为医学实践教学重要组成部分的医疗观摩对医疗事业的发展具有重要的作用,而由此涉及到的患者隐私权的保护问题必须给予关注和保护。按照现代法治观念,医疗观摩中涉及的患者隐私权的保护问题应当依据意思自治原则由合同法律制度规范和调整,这对于维护患者的隐私利益以及推进医疗事业的发展都是大有裨益的。更重要的是,这对于彰显私权神圣之理念,进而推动权利文化的形成也具有重要意义。
In the personality right of civil law, privacy is at the core, which is of the utmost importance because the interests it embodies are the freedom and tranquility of the civil subject and private life. Its connotation of personal information is an important constitutional condition necessary for the pursuit of happiness by every individual. Patient privacy is a kind of privacy, and its object is specific. In the course of receiving and treating medical institutions, patients have to give certain privacy rights to the doctors, but such concessions do not necessarily exist in medical observation. Medical observation, as an important part of medical practice teaching, plays an important role in the development of medical undertakings. Therefore, the protection of patients’ privacy rights involved must be given attention and protection. According to the modern concept of the rule of law, the protection of patient privacy involved in medical observation should be regulated and adjusted by the legal system of contract according to the principle of autonomy of will, which is of great benefit for safeguarding patients’ privacy interests and promoting the development of medical undertakings. More importantly, this is also of great significance to demonstrate the concept of sacred private rights, thereby promoting the formation of rights culture.