知情同意理论在法律界和医务界已经引起了足够的关注。但是作为前提,患者必须具备相应的同意能力,因此在患者不具备这种能力时,便有代为同意的必要。主要探讨了与代为同意相关的一些法律问题,涉及到同意能力有无的判断标准,代为同意人的选任,代为同意权的行使等内容。 Informed consent theory has drawn enough attention in the legal and medical fields. However, as a precondition, the patient must have the appropriate consenting ability, so when the patient does not have such ability, there is a need for consent. It mainly discusses some legal issues related to the generational consent, involving the criteria of whether or not the consent ability exists, the appointment of the consenting person and the exercise of the consent rights.