Medical Dispute And Legal Remedy Study

The medical dispute problem caused the extensive concern of social public and warmly discussion within the scope of whole world. Under the lake of lawmaking condition in our country, each province and city drew up the local laws, regulations of some relevant medical accident treatments processing successively, on the foundation of these laws, regulations, State Council promulgated in 1987 " Medical Treatment Dispute Solution Way" , symbolize the treatments of medical dispute carry out there is method can depend on. State Council promulgated "Medical Treatment Dispute Solution Article " in 2002, It built up the law system of the medical dispute initially.Currently, the focus of the medical dispute in our country mainly include three parts: the first one is the category of the medical dispute;the second one is the nature of medical relation and what law suits it;the third one is the legal remedy of medical dispute.Our country mainly handle the medical dispute according to "Medical Treatment Dispute Solution Article " promulgated by State Council and the judicial explain promulgated by the court of last resort. But this regulation have strong administration feature and it only apply to treat the medial accident. It's scope is too small to deal with well the most medical dispute case. With the medical dispute case increasing , the social problems be brought by violating the patients' rights is serious more and more because of the imperfect medical law. The medical dispute need to be expounded on theory and be affirmed.The first chapter explore the concept and category of medical dispute. Medical dispute include medical accident dispute, medical fault dispute and medical contract dispute. It can be classified medical default dispute and medical tort dispute.The second chapter explore the medical relation problem. The medical relation can be classified passive medical relation and equal medical relation.So medical relation is a multiple legal relation.The third chapter explore how remedy the medical dispute by law. There are three ways to remedy the medical dispute by law: civil remedy;administrative remedy and criminal remedy.