The Case Of Medical Application Of The Law Of Damages

China's laws and regulations on the medical provisions of damages there are more differences, manifested in the scope of damages, identification methods, compensation standards and so have different requirements, thus forming a Medical Injury Compensation practice in the two-track system of justice. In judicial practice, the legal experts on how to identify the nature of medical injury compensation cases, there are different point of view on the application of the law, there have been compensation for medical injury "dual" and "unification" of two different theories. This paper discusses the "dual" of the relevant theory. Medical malpractice compensation law applicable to the "dual" theory that the "Regulations on Handling Medical Accidents" only the adjustment of the legal relationship between medical malpractice damages, arising due to medical malpractice damages should refer to applicable administrative regulations "Regulations on Handling Medical Accidents" Do not constitute medical negligence or medical malpractice of other causes damages should apply, "Civil Law " and relevant judicial interpretation. July 1,2010 shall come into force of the "Tort Liability Act, " provides a comprehensive new rules for medical malpractice liability relief, on the "medical liability" and "medical fault liability, "and other dual track system consisting of the medical Damage relief system [1] conducted a fundamental reform, the establishment of a unified system of medical malpractice relief, achieved considerable success. "Tort Law" The biggest highlight is the end of the binary pattern, but the current medical tort damages on the existing case law applicable to the dual system has not formulated a clear, detailed solutions, does not change the current two-tier situation. We also need to "Civil Law" principle, added, "Tort Liability Act, "the shortage of building distributed system to coordinate the medical risks balance the interests of both doctors and patients and promote long-term development of medical career.