The Comparative Study On Chinese And Foreign Legal System Of Medical Malpractice

There is the tendency of increase in medical malpractice entanglements year by year, which becomes the common focus of attention and hotspot of international society. Both the Chinese and foreign law fields have to face the issue and try to find the solution to deal with it now.Although China and Western countries have different traditional social cultures, different legal systems and different ethical and moral systems, they are facing the same problems: How to prevent the occurrence of medical malpractice effectively? How to deal with medical malpractice impartially and timely? How to set up a harmonious relationship between doctors and patients? And so on. To a great extent, we need to find the solutions in law to solve these problems. Against the background of flourishing comparative study and in the age when our society is transferring, undoubtedly, in order to perfect our laws of medical affairs and set up a harmonious relationship between doctors and patients, it is of great theoretical and practical significance to probe into the similarities and differences between Chinese and foreign laws concerning medical malpractice, to comparatively study the adjustive principles of laws in the relationship between doctors and patients, and to prefer to its rationality.In order to realize the tenet, based on comparative and analyzing methods, this thesis compares and studies the definitions of Chinese and foreign medical malpractice, compensation systems for damage in medical malpractice, identification and management systems of medical malpractice, and other major laws.The main body of this dissertation is composed of five chapters.Chapter One, with the title of "A Comparative Study on the Definition of Medical Malpractice and Medical Law in China and Foreign Countries", deals with a macroscopical comparative study on the definition of medical malpractice" and correlative medical legislation, consequently providing some references on the medical system concerning medical malpractice.Chapter Two, with the title of "A Comparative Study on the Burden of Proof Concerning the Medical Malpractice in China and Foreign Countries", carries on a...