A Research On Character Of The Law Connection Between Doctors And Disasters

A dispute about the character of the law connection between doctors and disasters has been going on since had not been maked. The dispute must touth law business. The Supreme Court of The People'Republic of China consider that we should only"refer to apply"< The Statute about dealing with medical treatment accident >; The National People'Congress of FuJian province make the district code ,which adjust medical treatment accident by the protect law of the consumers'rights and interests; The court system can not understand how to apple the law on medical treatment accidents, so they convene a proseminar about how to hear the cases about the medical treatment accidents.To define the character of the law connection between doctors and disasters is the basis of understanding and applying law exactly. Although there are many theories , they are partial because they only stand by one side or take one phenomena as essence. The academic research needs more efforts, so there are much matters in our justice practice. After gathering information in other countries abroad , analyzing those theories and legislation, by the medical treatment'definition and specialties the article provide that the character of the law connection between doctors and disasters should be defined special liability of tort.Apart from the introduction and the conclution, the article consists of four chapters as set forth follow:ChapterⅠis designed to summarize the actuality of the character of the law connection between doctors and disasters. In the aspect of theory, this chapter introduces each theories briefly; in the aspect of practice, this chapter list the actuality of applying law disorderly.ChapterⅡintroduces the basis of defining the the character of the law connection between doctors and disasters—medical treatment behavior. This chapter define the medical treatment behavior, conclude its specialities by citing the standpoint of Taiwan,Japan and our courtry. This chapter offer a gist for the analysis of the following text.ChapterⅢanalyze the theories of the character of the law connection between doctors and disasters. This chapter introduce five theories separately, then list the shortages of each theories. Because the theory of contract has been accept by many countries, this chapter research the theory by comparing the theory of America, Taiwan, Japan, German.ChapterⅣdefines the character of the law connection between doctors and disasters. On the basis of preamble, this chapter provide defining the character of the law connection between doctors and disasters as tort, by the mode of the connection between doctors and disasters and the theory of tort. At last, the law connection between doctors and disasters is not a normal tort, it is a special tort determinated by the speciality of medical treatment behavior.