On Some Issues Of Medical Malpractice

This thesis of master degree consists of six parts: preface; the boundary of medical malpractice; the imputation principles of medical malpractice; the constitutive elements of medical malpractice; the analysis of legislative situation about medical malpractice in China & its suggestion; epilogue.Chapter I, i.e. preface, offered the academic background and meanings of the system of medical malpractice briefly, and introduced the outline and the innovation of this thesis.Chapter II, i.e. the boundary of medical malpractice, beginning with the concept of medical malpractice, introduced the concept of USA, Japan, Russia and China in the view of comparative law; then elementarily probed into the foundational attribution of medical malpractice, and introduced & analyzed the basic opinions of the theory of tort liabilities, the theory of liabilities for breach contract and the theory of concurrence between tort liabilities and liabilities for breach contract.Chapter III, i.e. the imputation principles of medical malpractice, first briefly introduced the conception of imputation and the disputation of imputation principles in the circle of law; then briefly introduced and simply analyzed some regulations about imputation principles of medical malpractice in China.Chapter IV, i.e. the constitutive elements of medical malpractice, concretely analyzed the constitutive elements of medical malpractice from body element, subject element and object element. About body element, the author offered his own view of body element after introduced different views of body element in law circle; about subject element, the author first introduced some general theory of negligence, then it analyzed the nature and the classification standard of medical negligence; as for object element, the author deconstructed medical practice from violations of legal duty, actual damages and casual connection between tort conducts and damages.Chapter V, i.e. the analysis of legislative situation about medical malpractice in China & its suggestion, mostly focused the faults of current legislation and the suggestion of future legislation as follows: first, the faults of current legislation mostly include some law conflict between different regulations, difficult situation and multi-head assertions & repeated assertions; second, the suggestion of coming legislation mostly include the standard of legislative structure, the change of legislative idea and the perfection of legislative content. The last part, i.e. epilogue, mostly stressed the necessity and emergency of constructing the legislative system of medical malpractice in China.