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A Comparative Study On Medical Tort Liability Between China And Korea

Posted on:2017-05-08Degree:DoctorType:Dissertation
Country:ChinaCandidate:S S PuFull Text:PDF
GTID:1226330485492640Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Currently, Medical Dispute is in a rising trend, th e deterioration of the doctor-patient relationship has becom e a serious social problem. Through the arrangements of legal system to solve the contradiction between doctors and patients, it’s the consensus of the current legal profession. Korea is nearby to C hina, and has similarities on historical background, cu ltural background, level of economi c development, level of m edical development and public awareness of the law. Korea’s legislation and judicial practice in medical tort liability have greater reference to China. This article systematically introduces the legislation and judicial practice of China and Korea in medical tort liability, summarizes the problems and shortcomings, and in-depth comparisons the Korean experience and practice in these areas. From the perspective of comparative law, the article systematically proposed to ease the burden of proof, a clear causal relationship recognized rules, resolve medical malpractice identification dual system, and reform medical tort compensation standards in order to im prove our medical tort liability system. The conclusion of this article is to cons ider the flexibility of the legislative and judicial stability, through the discretion of j udges to deal with the burden of proof allocation rule s and recognized rules of caus ality, improve the guiding role of judicial cases and uniform judicial standards. China should reform the legislation on medical identification system, set the pr e-mediation industry and reform damages standards, make changes to the relevant la ws and regulations in order to im prove our medical dispute resolution mechanism.
Keywords/Search Tags:medical tort liab ility, burden of proof, compensa tion to m edical tort liability, medical identification, construction of system
PDF Full Text Request
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