A Comparative Study On The Legal Regulation Of The Relationship Between Doctors And Patients In China And Foreign Countries

The dispute between doctors and patients is one of main object regulated by medical law, and it is considered a worldwide issue. The tradition of society and culture, the system of ethic and morality and the system of law is different in China and western developed countries, but the medical technology used to heal the mounded and rescue the dying, the medical faith contained to cherish a deep love for life and the cooperative relationship between doctors and patients is same. This constructs the comparative study platform of the legal regulation of the relationship between doctors and patients in China and foreign countries, and the difference is subsistent in legal regulation of the relationship. During the social transformation period, the discussion of the legal regulation of the relationship between doctors and patients in China and foreign countries helps to not only make communion but also hold tolerant and valued attitude each other. So the comparative study on the legal regulation of the relationship between doctors and patients in China and foreign countries own modern theoretic and practical significance.This paper adopts comparative and analytical method, and the legal regulation of the relationship between doctors and patients in China and foreign countries is studied from four dimensions, namely, history, reality, theory and practice. Firstly, the actuality of the relationship between doctors and patients in China and foreign countries is compared and analyzed on the basis of the analysis of main cultural background and the factor of social security. Through comparison and analysis, the following conclusion can be obtained. The growing period of the relationship between doctors and patients is different in China and foreign countries, which the development of the relationship between doctors and patients in China owns undulation, but the development of the relationship between doctors and patients in developed country is relatively stable; The mode solving the contradiction of the relationship between doctors and patients in China and foreign countries is different, which administrative adjustment is inclined to adopt in China, but civil action is apt to use in foreign countries. Secondly, the concerned laws of the relationship between doctors and patients in China and foreign countries are compared and analyzed. It can be concluded that the perfecting and harmony of medical law exists insufficiency comparing with foreign countries, and the medical law need to be improved in China further. Thirdly, four realistic problems of the practical legal regulation of the relationship between doctors and patients in China and foreign countries is compared and analyzed, and these problems include the judge of medical malpractice, the identification of medical malpractice, the compensation of medical malpractice and the right of informed consent. Through comparison, it can be known that the medical laws have developed quickly, but there is no integrated medical law in our countrybecause the dispute between doctors and patients in China is solved by administrative adjustment and civil action, and medical laws is distributed in different legal departments. So there is some contradiction in practical legal regulation of the relationship between doctors and patients, and this can have difficulty to make just judgment. England and America is the representative in western developed countries, and they have mature and perfect notion and mechanism about legal regulation. Their legal source is prejudication, and important legal system is formed according to the principle following prejudication, and this is common law system. In the course of solving the dispute between doctors and patients, the tort and compensation law is used to judge, and there are no standard documents used to execute, and it can be solve according to the adjudication order and legal annotation. In the practice course, a suit of scattered but systematic methods solving medical case has been formed gradually. The situation of our country is special because of historical reason, and the methods of the legal regulation of the relationship between doctors and patients can't be transplanted simply, but some experience and lesson in developed countries should be absorbed and used for reference in order to absorb the soul and widen the field of vision. In the last of this paper, the consideration and expectation of the legal regulation of the relationship between doctors and patients in China is presented. On the basis of understanding the legal attribution of the relationship between doctors and patients in China, the medical-health legislation in our country should be speed up, and the legal regulation approach of the relationship between doctors and patients should be open. The action directory of regulation of the relationship between doctors and patients is to practice medicine with laws, and the measures involved with the legal regulation of the relationship between doctors and patients should be created and improved. This can direct the regulation and judgment of medical case, and relax the contradiction of doctors and patients, and decrease the medical dispute, and advance the right development of the relationship between doctors and patients.