| As the title shows, the thesis discusses medical conduct and the liability of its malpractice, with a referential touch on the legislation inadequate of The Medical Accident Treat rules. It can be divided into three major parts, introduction, main body, including four chapters, and postscript. In the introduction, I point out the urgency for the proper resolution of the medical disputes based on the statistics, which shows that such disputes have caused severe social problems. Meanwhile, I think that the related measures stipulated by Regulations on Evidence in Civil Lawsuits by Supreme People's Court is suitable. It orders: "The Medical organization should be responsible for offer evidences to prove its innocence in civil lawsuits on medical disputes ". But the Medical Accident Treating Rules issued by State Council has some deficiency and does not play the role of the special law. In chapter one, a definition of medical conduct is put out based on an overall analysis on different medical conducts. In the same time, I point out the deficiency of specific definitions about medical conduct. I prefer "medical conduct" to "medical activity" as a legal term used in medical law. A new definition is put out with reference to that which prevalent in China and that which prevalent in Japan. According to the new one, medical conduct can be defined as labor both physical and mental of people who are permitted by law. They apply general medical knowledge and techniques including those of physics, chemicals, biology, psychology and sociology to intervene in health of single person and group. Medical conduct is a kind ofsocial behavior characterized with antagonism and unity between sociality and physicality, interest and justice, and subjective will and objective law. It appears as follows: at first, the qualification of it is strictly regulated by the law and all the society pay much attention to it. Secondly, it needs the operator having conscious responsibility in the conduct, taking care of patients and keeping secrets. Thirdly, medical conduct is a special conduct which causes unexpected effect or may be of risks. And the standard of estimation to it is of uncertainty. So that medical conduct should be regulated with special law. In medical lawsuits it is the medical organization, not the patients that should offer evidence, i.e. the so-called "the inversion principle of evidential responsibility ". And medical conduct can be exempt from liability in certain circumstances. Medical conduct can also be divided into many kinds according to different needs. It can be divided into legitimate and illegitimate, dominant and auxiliary, clinical and experimental, curable and incurable, etc. In the last part of this chapter, the writer also points out that the definition about the medical conduct in administration of medical affairs is not specific. The compensation caused by the malpractice of medical conduct is deeply investigated. It is based on three elements, medical errors, malpractice of medical conduct and the corollary relationship between the two. The fact of medical errors is the ground of compensation. But there is no notion like medical errors in the Rule Dealing with Medical Accidents. According to the rule, only medical accident can be requested compensation, i.e. it is only severe medical errors directly caused physical damage or loss of property to the patient that can be compensated in law. Now a Chinese scholar Gong Sai Hong put a new notion of medical damage, which includes all kinds of damage caused by the malpractice of medical conduct, not only physical damage and loss of property , but also mental pain and loss of reputation to the patient. Gong Sai Hong's view is comprehensive and illuminable to protect the patient's right and interest. But from another point of view, we must define the obligation of the medical organization in law. Only in this way can we confirm whether it is liable to the medical errors. At any rate, the obligation of the medical conductor can be divided in...
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