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多数学者认为肖志军拒签事件属于极端个案,不能说明法制不健全。其实,该案反映出我们的制度设计存在严重的问题,其要害在于公法规则在医患双方关系中不适当地设定了患者家属的主体地位与决定权。这种规定在理论上造成逻辑悖谬,在实践中不仅不必要,而且可能造成与立法预期相反的效果。在特定条件之下,取消患者家属的决定权,解除对医院紧急救治行为的强制禁止,则类似问题可迎刃而解。肖志军事件中所出现的问题其实是国家出于政策管制的需要而不适当地介入私法关系所导致的后果,它反映出我国公私法关系理论亟待深入研究。
Most scholars believe that Xiao Zhijun refused to sign the case is an extreme case, can not explain the legal system is not perfect. Actually, the case reflects serious problems in our system design. The crux of the case is that public law rules do not properly set the subject status and decision power of family members of patients in the relationship between doctors and patients. This provision, in theory, creates logical absurdity, which in practice is not only unnecessary, but may also have the opposite effect to the legislative expectation. Under certain conditions, canceling the decision-making power of the family members of a patient and lifting the compulsory prohibition of emergency treatment in the hospital can be easily solved. What happened in the incident of Xiao Zhijun is actually the consequence that the state improperly intervened in the relationship between private law and law because of the need of policy control. It reflects that the theory of the relationship between public law and private law needs further study.