The Research On Law Application Of Medical Indemnity Dispute

The medical indemnity dispute has always been a complex problem in the legislative and judicial practice for many countries in the world, China is no exception. Although the relevant departments have promulgated many legal and judicial interpretations about medical indemnity dispute, these measures did not solve the problems. "General Principle of Civil Law" had the provisions about the medical indemnity dispute, but they are not clear and specific. "Medical Malpractice Regulation" promulgated by State Council has detailed provisions and a certain guide on medical indemnity dispute; It became the main basis for dealing with medical indemnity dispute in the early days. After all, it is an Administrative rule and regulations, its regulation has some drawbacks and many conflicts compared with "General Principle of Civil Law", which could not meet the civil trials for damages." Tort Liability Act" was promulgated in 2009 and it has many provisions can be used to solve the problems of medical indemnity dispute. It did solve some problems over the past years, but it also faces some difficulties. As we all know, the uniform application of the law will help to ensure the unity of justice which is an important part of unified legal system in China. The purpose of this writing is to find the problems in the application of law about medical indemnity dispute. This paper based on the analysis of the Medical damage compensation laws, the basic theory of medical indemnity dispute and draws on the reasonable elements in legislation of UK, U.S., Germany, Japan, Taiwan and other regions. This paper presents the principles and methods of law application of medical indemnity dispute.This Paper is divided into four parts. The main contents of each part are as follows:In the first part, the subject of this article is raised by comparing three cases; the importance of the uniform application of the medical indemnity dispute laws is pointed out.The second part focuses on the basic theories of medical indemnity dispute. This part focuses on four aspects:Relevant definitions on medical indemnity dispute, the legal nature of doctor-patient relationship, the causal relationships between medical liability and the theories of the medical contracts.The third part has analyzed the laws and regulations of medical indemnity dispute in our country. This section provides a brief analysis of legal adjustment problems and some scholar's points of view.The fourth part is the most important part of this article. It presents the principles and methods of law application of medical indemnity dispute in the basis of previous parts,...