Research On Law Of Physicians During The Republic Of China

The key opinion of the paper is that the legislation of supervising physician during the Republic of China experienced a course of history full of complication:at first,the systems such as testing for becoming doctors,occupational permission,law responsibility from doctors,the identification of the cause about the medical area,the guarantee of the doctors' rights and interests and the cost of diagnosis featuring the modern meaning were set up,and then the rivalry about the legislation power of the medical undertaking between the traditional Chinese medical science and the Western medicine,about the identification rights,between the commercialization and the public welfare of the medical treatment and about the rights to make the standards of the cost of diagnosis appeared.These experiences and the lessons will be beneficial for the reform on law system for supervising China's doctors todayDuring the Republic of China,the disease in the society is the characteristic of the impoverished society,while the group of quali fied physician,as the main participants of preventing and controlling the diseases,is classified into three categories:the native qualified physicians specialized in Western medicine who emerge at first,the doctors of traditional Chinese medicine who can cure the patents unrestrictedly,the witch doctors in the folk and the mountebanks who are popular.Based on the guiding principle of medicine nationalization,the National Government carries out the system reform of the public medical treatment,and when in the progress of reform,the difficulty appears,the legalization of the doctor supervision appears correspondingly.In this course,the National Government gradually establishes the organization system by which the state public healthcare administrative organization can manage all kinds of the medical treatment done by the doctors from the central government to the local government,legislates and enforces laws and decrees in order to address the problems in the medical system and ban the witch doctors and the mountebanks.However,because of the turbulent state,the low educational level of the public,the unbalanced distribution of the healthcare resources and the double-faced tactics of the local government,the witch doctors and the mountebanks can not be extinct completelyCarrying on becoming doctors through passing test and banning the physicians,the National Government follows the organizational system of the Western medical science,and gradually carries out the institution of becoming doctors through passing the test and the occupational permission institution.After the tortuous development from the physician qualified permission,the guarantee of giving the license to practice as a doctor,the prohibition of the doctors of the traditional Chinese medicine,giving the license to practice as a doctor flexibly,discriminating and training the doctors,the uniform examination for the traditional Chinese medicine and the western medicine,and the modern law institutions for supervising the physicians under the uniform permission are set up.In the progress of establishing the institution,the elites in the group of doctors specialized in Western medicine take charge of legislation rights of medical causes with the help of the legal knowledge and political correctness.The conflicts between the traditiona Chinese medicine and the Western medicine lie in the right struggle in the legislation of medical causes.According to the reaction from the circle of the doctors in the Western medicine,the foresight legislation full of bureaucratic practice on the Western medicine breaks away from the real situation of social medical treatment at that timeIn the Republic of China(1912-1949),there had been a sharp distinction of physicians' legal liability,which was divided into three aspects:criminal legal liability,administrative legal liability and civil legal liability.Then government established the physician's business negligence using the traditional social criminal law regulation,especially based on the legislation system of the physician professional crime of the late Qing Dynasty.And there are two features of the physician's business negligence.One is that whether<penal code>of 1928 or the one of 1935,the penalty for the physicians business negligence stipulated in both of them were more than the other negligent crimes.Another is that<penal code>of 1935 increased penalties for physicians business negligence because of the frequent medical disputes,which heightened the legal risk of the physicians as a career.The administrative legal liability included administrative penalties,shut of business and cancellation of license.However,there was no exclusive legal norm of civil legal liability,which applied the general stipulations of the civil law.China's modern identification system of medical lawsuits dated from the Republic of China(1912-1949),which confronted the conflicts between the historical traditions and modern systems at the very beginning of its establishment.The identification system about medical lawsuits of the republican had gone through a tortuous process from forensic identifying the medical lawsuit to traditional Chinese medical identifying the traditional Chinese medicine lawsuits,and finally the modern medical lawsuits identifying system took shape performed as western-style physicians identifying the western-style medical lawsuits,traditional Chinese physicians identifying the traditional Chinese ones which are consistent with the forensics identifying the death causes of medical lawsuits,which is consistent with modern identification system of medical lawsuits featured in the specialists dealing with the professional problems of their own fields.During the period of the Republic of China,although the criminal law system protected the freedom,reputation and other ordinary civil rights of the people,patients often accused physicians and policemen groundlessly because of the doctor-patient dispute.What's worse,police and judicial organs turned a deaf ear towards such illegal acts that infringed the basic civil rights of physicians,even arrested and detained physicians arbitrarily.Code of Criminal Procedure in the period of Republic of China implemented the parallel criminal prosecution system of "Public Prosecution"and "Private Prosecution" towards physician's professional negligence crime,causing the overflow of physicians' criminal investigation.Due to a series of problems such as lack of security,reputation infringement,criminal investigation and consultation fee behind in payment,the physician occupation groups were established for the purpose of physician self-discipline and rights.What's more,the physician occupation groups maintained the personal and occupational rights and interests of physician groups through the following methods.For example,they directly participated in the doctor-patient dispute,proceedings of medical lawsuit and identification of medical lawsuit.Besides,they also called on the government to formulate physician rights protection act and set their own fee standardsThe Republic of China is in the great transformation stage from traditional to modern society.The medical industry changed from the traditional moral behavior to the market operation.It was inevitable that the medical industry centering on market operation would damage common people's medical rights.While,the national government,especially the local government formulated the corresponding fee standards to represent the state responsibility in health care,which led to a strong protest from physician occupation groups.They believed that it was the government's responsibility to relieve the poor and sick and they suggested that the government should set up civilian hospitals and clinics as well as implement health care system and health insuranceDuring the Republic of China,in the sharp academic discussion and the beneficial practical exploration focusing on the important issues such as the law system of supervising the physician,the bitter lessons and the precious experience is worth reflecting and absorbing in the progress of the law system reform of the medical treatment.