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Study On Application Of Consumer Interests Protection Law In The Hospital-patient Relationship

Posted on:2004-08-22Degree:MasterType:Thesis
Country:ChinaCandidate:G Y LvFull Text:PDF
GTID:2156360122985193Subject:Law
Abstract/Summary:PDF Full Text Request
With the transformation from planned economy to market economy, themedical system encounters the disorder and imbalance on the hospital-patientrelationship, in which the occurrence of the medical accidents has risendramatically and the action of the medical disputes has been brought and themalignant accidents has appeared. The reasonable recognition of the hospital-patientrelationship has become the focus of the attention by us, it cannot be avoidedlegally by us for the pursuit of the social fairness. The argument of the focus isfixed absolutely on the application of the Consumer Interests Protection Law(hereinafter referred to as "CIPL") in the hospital-patient relationship. The author agrees that the hospital-patient relationship can apply the CIPLwithout any hesitation, and discusses the three aspects on the causes, the value andthe ways of the performance of the hospital-patient relationship. The nature of the CIPL and the hospital-patient relationship should be definedbefore the discussion on the performance of the CIPL to hospital-patient relationship. 第 3 页 共 4 页The author in the article expresses the nature of CIPL as one kind of the sociallaws with the comments on the three viewpoints on the nature of the CIPL, bywhich the author defines the three characters of the consumption relationship.Simultaneously, the author defines the physic equity and the inequity in fact of thehospital-patient relationship and states it as the category of the social law with thediscussion of the "equity" of the hospital-patient relationship. Furthermore, theauthor defines that the hospital-patient relationship belongs to the category of thesocial law with the different viewpoints arising out of the practice and the relatedtheory. Then, the author analyses the causes of the suit of CIPL on thehospital-patient relationship by the two aspects of the theory and the legal category. Like other laws, the CIPL has its own value. The author points out the valueand the usefulness including the protection of the interests of the patients, themuch better medical orders and the improvement on the medical efficiency on thebasis of the value of the human rights, orders and efficiency. How to comply with the CIPL with the condition of the suit of the CIPL on thehospital-patient relationship? The author in the article illustrates three principlesincluding the principles of the protection on the patients, the relationship betweenthe nation and the society and the reasonable protection. The author considers thatit is much suitable to adjust the CIPL on the hospital-patient relationship by thespecial legislation with the analysis of the abuse and the benefit on the adjustmentof the CIPL on the hospital-patient relationship. The author discusses the aspects,which form the framework of the adjustment of the CIPL on the hospital-patientrelationship, the patients` rights and obligations of the medical organizations, theprinciples of the liability for the medical accidents and the damages for the medicalaccidents.
Keywords/Search Tags:Hospital-patient
PDF Full Text Request
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