On The Construction Of Compulsory Medical Malpractice Insurance System In China

In recent years, there has been substantial growth in the number of medical disputes in many provinces, cities and regions of China. The doctor-patient contradiction is increasingly deteriorate. The frequency and amount of medical malpractice compensation is becoming increasingly high. However, compared with a growing of compensation risk, a more serious problem medical institutions and doctors are facing is worsening doctor-patient relationship and issues of personal safety of doctors. For the sake of self-protection, medical staff selected "defensive medicine" measures in order to avoid the operation risk, which in fact eventually damages the interests of patients. Therefore, we need an effective tool for risk transfer to safeguard the legitimate rights of both sides, and medical malpractice insurance is a good institutional arrangements better adapt to the demand. The establishment of medical malpractice insurance system in China has started relatively late, which is still in the primary stage of immaturity. Although the Chinese government provides a good environment of macro policy for the implementation of the medical malpractice insurance, it does not mean that China’s medical malpractice insurance can smoothly develop without resistance.This article is based on the fundamental theory of tort liability law and the basic theory of insurance law, with the aid of microeconomics¯oeconomics and institutional economics and other related disciplines of knowledge, combining our social-economic conditions and the current health care system. Analyze the problems from two aspects of theory and practice and advocate building a medical risk transfer mechanism which is suitable for China’s health care system—compulsory medical malpractice insurance, and expect to advance some reference suggestions on this basis. This article is divided into five parts. The first part mainly elaborates the related concepts of the medical malpractice insurance system and introduces the function and the system vicissitude of it in order to have a more comprehensive understanding of the system. The second part mainly studies the legal basis for the construction of the medical malpractice insurance system in China, first introduces the basis theory of the system, and then choose the emphasis which is the interactive influence between the medical malpractice insurance system and the medical tort liability system to analyze deeply. The third part introduces the status quo of the medical malpractice insurance in China to find out the current problems and difficulties. The fourth part analyzes the necessity and feasibility of the construction of compulsory medical malpractice insurance system in China, first from the economic perspective establishes economic models and studies the necessity of the construction of the system in terms of supply and demand, externality, reputation effect and medical insurance tripartite dispute processing preference, secondly demonstrates the feasibility of the construction of the system in terms of conditions and requirements, theoretical basis, legal basis, practice basis and foreign experience. The last part argues that building a compulsory medical malpractice insurance system and putting forward some policy suggestions and ideas from two aspects of the system itself and its auxiliary system, and expect to provide some new ideas for the construction of related system.