Research On Liability System For Medical Tort Injury

Liability for Medical Tort Injury is one of the 7 classic tort liabilities, and it has been newly explained and specifically regulated by 11 law provisions in Chapter 7 exclusively in China's "Tort Liability Law". With the country's further concern and constant improvement to medical reform, medical tort has also become the focus of the society, meaning more than just a question for legal professions. However, the causes of Medical Tort Injury are often complicated during judicial practices, while current laws and regulations fail to solve these tort injuries properly and comprehensively. With regarding to treatment to some special medical tort injuries, the legal system at this stage is not perfect and the judicial interpretation is not clear. In this social context, research on liability system for Medical Tort Injury becomes rather important for it's meaningful in both theory and practice. Accordingly, the author started with Medical Tort Injury and its liability system, and made further exploration and research, along with an analysis of current situation of China's liabilities for Medical Tort Injury.Except for the introduction, the dissertation can be divided into 4 parts. First the author elaborated the basic theory of liability system for Medical Tort Injury. The author redefined the concept of the liability system for Medical Tort Injury from the content of rights on medical tort, introduced a detailed classification on liabilities for Medical Tort Injury based on their features, and briefly analyzed the nature and composition of Medical Tort Injury. The second part focused on advanced legal systems for medical and health care of foreign countries, and provided some points worth learning by taking examples of several developed countries with typical system. The third part is the majority of this dissertation in which the author explored the current laws and regulations as well as cases existing in medical practices in China, starting from the current situation of liability system for Medical Tort Injury. This part revealed some difficult and doubtful points during judicial practices. The fourth part summarized the unsolved points and blind spots on the basis of affirmation of China's "Tort Liability Law", and brought about several legal advices to improve the construction of liability system for Medical Tort Injury.