Study On Legislation For Medical Contract

With the development of the modern society, medical service becomes more and more extensive and subdivided, the relationship between doctors and patients becomes more and more complicated and diversified, and medical disputes become more and more often. These issues need to be settled in accordance with standardized medical laws. However, up to now, the civil legislation in the medical field of our country is still incomplete, especially, the legislation for medical contract remains untouched and a great deal of disputes on theoretical research still exists in the educational circles. Therefore, this thesis aims to make an overall study on problems involving legislation for medical contract, which include the problems on the feasibility and necessity of legislation, the basic problems on the definition, classification and nature of the medical contract, the problems on the parties, formation and termination of the medical contract , the problems on jural relations and other particular system problems. Moreover, this thesis puts forward some views on specific problems faced to the legislative practice (e.g. the identification of the legal nature of the letter of consent, the regulations on the legal result, etc.).This thesis consists of four chapters. Chapter I discusses the feasibility and necessity of legislation for medical contract. With the acceleration of our whole country'process of law, with the transforming of the relationship between doctors and patients from the"kindhearted father"mode to the"equal power and responsibility"mode and with the complication of the relationship between doctors and patients caused by the development of medical technology, the medical legal relation is changing from the...