The Research On Medical Contract

Specialty: Civil and Commercial Law Research orientation: Civil and Commercial LawAuthor: Huang JiangdongFaculty adviser: Zhang ChiAbstract: The relationship of physician and patient is a kind of typical social relationships. The author takes it as a contract relationship of civil law, under which physicians offer medical services and patients pay medicine fees. However, it's different from other contracts in that the free of making the contract of the two parties is restricted to some agree etc. Based on the nature of medical contract, the article tries to make a rather complete discussion while most of other articles discuss the problem in the angle of tort.The first sector of the first chapter discusses the making of medical contract, analyses the act of two parties and gives them the legal effect of offer and acceptance; the second sector of the chapter analyses the legal nature of medical contract. It's a non-typical contract, but not any of typical contracts; the third sector of the chapter analyses the characteristic of medical contract. The first sector of the second chapter discusses the rights and obligations of two parties under medical contract. The article principally discusses the fundamental obligations; subordinate obligations attached obligations of the medical party, which is an emphasis of the article. The second sector of the chapter discusses the breach of contract, especially the medical party's breach of contract.The third chapter is about the liability for breach of contract. The author discusses the questions relating with the medical party's liability for breach of contract such as the subject of liability, the component of liability, the manner of liability, the compensation for the pain of spirit, the concrete items of compensation. The second sector of the chapter analyses the difference of liability for breach of contract and liability for tort, then makes a discussion referring to The contract Law of PRC.The purpose of the articles is to make an overall discussion about the relationship of physicians and patients in the perspective of contract law, to inspire the contract notion of the two parties of the medical contract, and try to resolve the medical dissension in accordance with contract law.