同意的涵义、性质及其类别

在伦理学视野下,最一般意义的同意是同意者基于自己的意志自由,以某种作为或不作为的形式,对被同意者提出的要求、建议或意见等给予肯定或否定的意思表示。除了一般的同意概念之外,还有次一级的概念如明示同意与默示同意、假设同意与推定同意以及拒绝同意、撤销同意和非同意等关联概念也应当引起人们的注意。次一级的同意概念,应当在理解一般意义的同意概念基础上依据其所在特殊情境予以具体理解。

The Meaning,Nature and Category of Consent

From the perspective of ethics,the most general sense of consent is that the consenting person,based on his own will,in some form of act or omission,gives a positive or negative expression of intention to the request,suggestion or opinion put forward by the consentee.In addition to the general concept of consent,there are concepts at the secondary level,such as express consent,implied consent,hypothetical consent and presumed consent.Some relevant concepts,such as refusal to consent,withdraw of consent and disconsent should also arouse people's attention.The concept of consent at the second level should be specifically understood according to its special situation on the basis of understanding the concept of consent in the general sense.