On Legal Relations Of Compulsory Medical Treatent

From a traditional perspective that compulsory medical treatment only for the psychiatric patients and drug dependence "addict" who commits a crime but couldn’t identify his own behavior, to the infectious disease patients and suspected patients in the modern era that infectious diseases are generally occurred, from emphasizing on self-interest treatment to prefer the public interest, the concept of compulsory medical treatment is changed and advanced. Mess of compulsory medical treatment phenomena not only shock us, but also reflect the efficiency of the legal system as well. The essence of compulsory medical treatment has the common characteristics through these appearances. The purpose of this paper is to explore the theory and systematization of compulsory medical treatment according to the two related and progressive theories and empirical research.Firstly, on the basis of the existing controversy and rational criticism for theoretical foundation, I point out that the nature of the legal relations of compulsory medical treatment is two-stages and compound legal relationship. Though the legal relationship forms, administrative legal relationship that restricting freedom of the person is highlighted, the core of the regulation also focused on this stage. So, why the administrative organs can exercise the administrative enforcement power only due to relative person threat to public safety who lack of consciousness and unable to prevent? It causes discussion for reasonable foundation. This discussion is designed to explain that exercising the power is legal and ethical. However, the real source of behavior is to seek a balance in the various theories, because any one political philosophy opinion could be gived up by other philosophers’ view.Secondly, the nature of two-stage theory determines the nature of medical institutions who connecting the administrative organ and private party. Due to the both identity at the same time, thus medical institutions form the legal relations of the two different kinds of public law and private law. The existence of the administrative or civil legal relationship is explained with the diagram of vertical and horizontal conflict. Therefore, rights and obligations of the parties to the subject in the legal relationship of compulsory medical treatment, especially patients with what right should be assignment in this legal relationship, different from general practice contract.Thirdly, the restriction of administrative power is undoubtedly the most effective way from the program. Opening the field of vision, we set up two level strategic systems, one is the global mandatory health care to the compulsory medical treatment in our country, and the other is a national compulsory medical treatment to local mandatory medical case. By comparing and analyzing with the case of Enhorn v. Sweden of EU in the establishment of the system and standard, the system of compulsory medical events in the United States, and the prevention and control of infectious diseases in Japan, a long-term mechanism design scheme is proposed to established. By questionnaire survey of the empirical analysis, the following problems is found out: compulsory medical treatment object and subject, the main rights of both doctors and patients, treatment expense, and a series of incidental problems, such as informed right, compensation mechanism of compulsory medical treatment damage, grasp for the attitude of Guangzhou citizens towards the compensation mechanism and procedural rules of compulsory medical treatment of infectious diseases, eventually to form a conclusion.Fourthly, Crisis management theory as the national compulsory medical legal relations in supplementary compensation and compensation liability tort liability beyond the basis for support, and clearly define the legal status of the subject in medical disputes and determine the corresponding responsibility is the premise to solve medical disputes.From now, the compulsory medical legal relations system has been basically built. However, Good acts are insufficient to action, acts method are not on its own. It is illuminated by comparing public health power and the rule of law with balancing the relationship between individual rights and the interests of the public governance strategy. It provides a path to the rules and procedures that the exercise of political power must obey the law every step with thinking about compulsory medical treatment.