Exploration Of Several Issues On Medical Contract In China

In the past planned economy, China's legal relations for the medical adjustments are dependent on administrative regulations in the medical system, the two sides equal status Yihuan gradually Zhangxian, with the adults awareness, an increasing number of medical disputes, the legal norms are not real life needs. So theorists for medical re-launched to explore the nature of the relationship, with a view to building a more rational legal system, medical relations and medical disputes effectively adjustment.Medical relations for the nature of the legal relationship that mainly administrative, medical consumption said, independent relationship between civil law and said that four relations theory. The former three theories are not entirely satisfactory. Legal relationship with the hospital administration said that the public good nature of medical-related administration by the management, the hospital only to hospitals rather than patients. But after this nature in the medical system have changed considerably. Hospital management should not only by the relevant departments, but to patients. Medical and consumer relationships that will side with the medical side as operators and consumers, in fact, whether the hospital is public or private, or hospital purposes "Most" can not be equated with ordinary operators. Independent relationship that undermines the existing system of legal theory, undesirable.China and France scholars agreed that the medical relationship is essentially a civil legal relations and is mainly expressed in contract law. First Yihuan because of the legal status of the two sides are equal, although the medical side because of the expertise and technology, often in the medical activities in strong position for patients to and coordination, but it does not affect the legal status of equality. Secondly, the medical process reflects both autonomy, patients can choose the hospital or even doctors, and doctors said the real interesting right from the interference of others. In addition, medical practices are now paid equivalence, in line with the spirit of civil law.Medical relations are civil legal relations, which involves medical...