The Biref Analysis Of The Law Dilemma In China’s Private Hospitals Under The New Medical Reform

The private hospital, an important market force activating the current medical,shows its increasing importance in the process of the health care system reform.During this reform, it encourages social capital entering into the medical，creating anaccommodative growing environment towards the private hospital. The privatehospital, however, didn’t show its respective advantages from its flexible mechanismin the fiercely competitive market, did not form its own characters and achieve its duemarket share and although its social effect is very little, it has worse crisis ofconfidence than the state-owned hospital. So at this critical moment, how to handlethe current law dilemmas in the private hospital and form a new development withdistinct Chinese characteristics has become an important issue for the reform anddevelopment of the medical health services.The thesis will be divided five parts. In the first part, it mainly describes the newsystem environment under the new medical reform with the focus on its new contents,new requirements and new challenges. This part is the starting point. In the secondpart, it states the law dilemmas the private hospital faces when confronting with thenew policies. The dilemmas in concrete conditions are the lagging access system, theimproper use of the judicial personal system and contract system among privatehospitals, the low standardized progress in the treatment and care due to the lack ofstandardization, heavy taxes over commercially private hospitals, unfavorableacademic environments outside the private hospitals when executing the relatedpolicies, difficulties in confirming some relationships occurring in the personnelconnection laws, and the ineffectiveness of the administrative health supervision, thefactors which thus affect talent introduction. In the third part, it analyzes the causes ofthe law dilemmas in private hospitals. These causes include the lack of the in-depthlegislation research, low law-conscious managers in private hospitals, difficulties inimplementing current policies, inadequate enforcement in the health department, andno full use of remedies. In the fourth part, it introduces advanced experiences from the United Kingdom, Germany, Thailand, and the United States and showcases therelated practical significance. In the final part, it advances several solutions towardsthese dilemmas. The following are the solutions: standardize access system andsupervision system for non-profit private hospitals; make the managing hospitalcompany a point of breakthrough and improve the judicial personnel governingsystem; standardize the treatment and care at the moment of making standardizedrules; improve tax laws and increase social capital in founding private hospitals;create a fair academic environment by legislation; improve the ability ofadministrative supervision in health department and bring the rule of allowing onedoctor working in several hospitals into full play.By using literature and comparison, together with the guide ofthe17th Session ofthe General Assemblyand the current medical reforms and laws, the thesis hopes toaddress the law dilemmas the private hospital faces in the system of the law, creatingsmooth channels giving relief to the needed and achieving a sound development whilegetting the hang of the new changes of the private hospital under the new laws and thecurrent law dilemmas.