Discussion Of Definition Of Medical Treatment Dispute From Perspective Of Jurisprudence

The Supreme Court defined medical treatment dispute as a legal term for the first time in the judicial interpretation. However, consensus has not been reached upon the connotation and extension in the theoretical research, practice and judgments. Therefore, a systematical classification and analysis, as well as ascertaining its connotation and extension are so important.Positive analysis method of sociology and conceptual and logic analysis method have been applied in this paper.There are 5 parts, the "structure of which, excluding the introduction and conclusion, is as follows:The 1~st part: Share the different and common opinions for the definition upon the research in medicine theory, legal theory and investigation of practice of 5 hospitals.Line out the connotation and extension of the definition though analysis of views of different parties, especially the judges to the character, cause, applicable law of different kinds of medical treatment disputes in the 47 cases from China Case Judgment Summary.Based on the analysis of the above 2 parts, the author get her understanding of medical treatment disputes from the perspective of the relationship between medical treatment act and medical treatment dispute, she also classifies it into 2 categories based on the dispute cause, according to which the character as well as the applicable ones can be further determined.The author reached her understanding and classification, which are different from those of other scholars, from the perspective of the relationship between medicaltreatment act and medical treatment dispute: medical treatment dispute refers to such kind of dispute of parties caused by medical treatment acts and other relative elements, it can be classified into 2 categories: one is caused by medical treatment act, the other is triggered by other reason. Moreover, different laws shall apply to different kinds of disputes.