The rights of informed consent of patients who are not only unable to take and but also able to take the responsibility for their actions in the meaning of law are universally replaced by relatives and others in PRC. And in the meantime, the role of informed consent understood by hospitals in PRC lies mainly in defense and reducing disputes in medical treatments, which is contrary to the primary aim at protecting the rights of life and health of patients so that there are a lot of disputes of medical treatments because that rights of patients can not be protected. Presuppose to respect rights of life and health of patients is to make sure the rights of informed consent of patients who have normally consciousness belonged to themselves in the medical treatments. And in the meantime, for agents who replaced to use the rights of informed consent of patients, they should use the rights under the principle of patients' best interest in order to fully realize and protect rights of life and health of patients.