术前签字制度是医疗服务合同成立的前提,反映了人权精神对医疗制度的影响,既尊重了患者的知情同意权和自决权,也有利于医疗风险的合理分担。但目前该制度存在一些不完善的地方,包括不适当地设定了患方的主体地位和决定权、签字主体范围模糊不定、术前签字时间无准确规定等,这些都可能影响到医师救治行为的顺利开展。应尽快通过立法对术前签字制度进行完善。 Preoperative signature system is the premise of the establishment of medical service contract, reflecting the impact of human rights on the medical system, which not only respects patients’ right of informed consent and right of self-determination, but also conducive to the rational sharing of medical risks. However, there are some imperfections in the system at present, including the improper setting of the dominant position and decision-making power of the affected patients, the ambiguous scope of the signatory subjects and the non-accurate pre-operative signing time, which may affect the physicians’ The smooth progress. As soon as possible through legislation to perfect the pre-signature system.