On The Medical Institution's Obligation Of Compulsory Contract

It is often in our country to find that rejection diagnosis of hospital lead to heavy damaging for sufferers. The disharmony praxis as above proved that the age-old principle of freedom of contract can not fit to the development of society. Therefore, it is necessary to draw compulsory contract system into the area of servce contract of medical treatment and limit the superiority of medical institution.The first part of this article researched the basic theory of medical institution's obligation of compulsory contract. The article consider that the medical institution's obligation of compulsory contract mean that medical institution take obligation to contract with sufferers and their relations uder special condition. And after intrudcing the function, character of medical institution's obligation of compulsory contract, the article academicly explained the system in rangle of philosophy of right, economics of law and sociology of law.The second part of this article analysised some difficulty items of medical institution's obligation of compulsory contract. The article consider that the type of medical institution's obligation of compulsory contract means to limit the freedom of acceptance of medical institution during the conclusion of the servce contract of medical treatment. At the same time after analysised the following doctrines: the doctrine of liability for wrongs in conclusion of contract; the doctrine of responsibility of breach of contract; the doctrine of liability for tort; the doctrine of independent liability, the article put forword that we should establish a new doctrine as integrate liability for medical institution's obligation of compulsory contract which means that the character of medical institution's obligation of compulsory contract is an integrate liability which is constituted by liability for wrongs in conclusion of contract, damage compensation and performing the continuous compulsory of contract. Besides, the article also discussed the relationship between obligation of compulsory contract of medical institution and voluntary service.The third part of this article analysised the system defect of medical institution's obligation of compulsory contract in our country after expounded the actuality of legislation. This article pointed out that the obligation of compulsory contract system has many defects as following: the legislation lacks common provision; the apply range is too small for request; the excuse for nonresponsibility is too abstract; and the legal responsibility system is faulty.The article pointed out that the short of theoretical research, imperfect of legislation technology and bondage of system of medical treatment are the reasons which lead to the inherence defect for the system of medical institution's obligation of compulsory contract.The fourth part of this article pondered over the problem how to perfect the systmen of medical institution's obligation of compulsory contract. The article pointed out that we should make double efforts in theoretical research and reformatory of system of mdical treatment. At the samen time we should perfect all of systems in medical institution's obligation of compulsory contract system. Specificly speaking, we should heighten the legislation stratum for obligation of compulsory contract of medical institution; specify it's content; reasonably enlarge it's apple range; definitude it's reasons of counterplea and the legal responsibility of medical institution when it disobey it's obligation of compulsory contract.