Study On Legal Attribute And Rights And Obligations Of Doctor-patient Relationship

Because of the same target of overcoming diseases and achieving healthy, doctors and patients produce medical treatment relationship. The goal of harmonious society also requires realization of a harmonious doctor-patient relationship. However, in recent years, with the development of our legislation and the awakening of patients'rights consciousness, we can hear more voice of"disharmony of doctor-patient relationship". Disputes between doctors and patients appear a rising trend, reports of doctor-patient conflicts are common, even some rise for violence. This situation not only disturbs normal operation of the medical service market, but also goes against the protection of patients'rights. The medical disputes come from profound economical and social causes, from legal perspective, the imperfect legislation of doctor-patient relationship is obstacles. The legal attribute is not clear, the application of laws conflicts, and also the rights and obligations of doctor-patient relationship are not. This article analyses legal attribute from concept and development, discuses the distribution of rights and obligations with special consumer attributes, to guide the legislation, ease doctor-patient disputes, and build a harmonious doctor-patient legal relationship. The article mainly discusses from the following four aspects:The first chapter clears the concepts and research scope of doctor-patient relationship, realizes the development direction from the introduction of development mode, and combining with the legal evolution, analysis the historical fabric of doctor-patient relationship in China, so as to guide the legislation under the specific conditions of our country.The second chapter first analyses the main academics of the legal attribute, combining with its own characteristics, then gives the doctor-patient relationship a location of special kind of consumption legal relationship. This relationship should be regulated by Consumer Protection Law. But it is different from other general consumer relations, can't apply to all rules of"Consumer Protection Law".The third chapter discusses the main rights of patients and the main obligations of doctors from its special consumption attribute. On the other hand, the author proposes that there should be some "degree" for the protection of patients'rights, and also should clear doctors'rights and patients'obligations at the same time to equal rights and obligations and avoid the biased consequence.The last chapter puts forward basic principles and ideas for the legislation of doctor-patient relationship. We should formulate special laws to regulate doctor-patient relationship, and consummate the matched laws to unify the application of legislation, in order to make the doctor-patient relationship have effective legal regulation and realize benign development.