On The Legal Relationship In Medicine And The Civil Liability In Medical Accidents

The relationship between the medical staff and patients has always been the area regulated by ethics and morality in my country. It was later regulated by administrative organs. In recent years, some shortcomings of exploiting administrative method to regulate the relationship are being revealed gradually, and people's appeal to regulate the relationship by law is soaring day by day. Judicial practice has already adopting legal approach to solve the disputes between medical staff and patients but because of the lack of related legislation and legal theory, some unjust phenomena that violate the basic principles of law often occur in the settling of disputes between the medical staff and the patients.The increasing numbers of the disputes between the medical staff and the patients have become a gloomy and widely-discussed subject, and a hot and difficult subject in those cases involving the compensation for the victims injured. It has provoked the profound concerning of the law circle and also a heated issue in civil law. The article first analyzed the relationship between the medical staff and the patients, then studied the subjects and the objects in the relationship, which clearly illustrated the rights and the duties of the medical staff and the patients in the process of medical treatment and discussed the civil nature of the legal relationship between medical staff and the patients. Finally the article made a conclusion that the relationship between medical staff and the patients is that of contract in civil legal relationship. On this basis, and combined with china's newly issued《Provisions for the Treatment of Medial Accidents》this article discussed nature and compositions of the civil liability undertaken by the medical staff and agency in their medical practice that injures the patients and forms medical accident. After discussion of the distribution of liability and method for thetreatment, the article put forward some opinions for the perfection of those related provisions in the 《Provisions for the Treatment of Medial Accidents》.