Study On Comparison Of The Physicians' Of Duty Obligations

In the year of 2002, the"Regulations of Medical Malpractice"was implemented. In its fifth article writtes:"medical institutions and medical staff should strictly compliance with health management law, administrative regulations ,department rules and standardized care clinics ,conventions ,abide by professional ethics of medical services in their medical activities". And their also have related administrative regulations, departmental rules and local regulations to formulate the duty of obligations of the person who cure patients, follow the"Tort Law"implemented, the person's duty of obligations was clarification and refinement who cure patients. But these legal system exist problems inconvenience to the judicial practice. At the same time, the support mechanism including identification and risk differentiation also exist problems.The author has investigated and read large number of documents, and basis of these discuss the legal regulation of the duty of obligations. This paper has four parts include introduction and content. In the first part, introduced duty of obligations'legal content and the person's duty of obligations who cure patients'legal content. In the second part, comparative study Japan and the U.S, in their identified the basic requirements and standards of the persons'duty of obligations who cure patients. In the third part, with the existing legal system, demonstrate our country's classification and assessment standard of the person's duty of obligations who cure patients, and the main problem exist in legal system, analyzes the"Tort Law". In the forth part , focus on the main problem exists, proposed suggestion which can refresh the person's duty of obligations who cure patients of our country, including judicial interpretation to articles and complete the support system...