The Legal Regulation Of Abusing The Trade Advantage Position Of Hospital

With the gradually establishment of market economic system and the deepens of sanitary reform, the character of medical service has changed from solo welfare to a social commonweal. As a very important industry of the third, the trade of medicinal service has been an opponent of market and forms a marketing system gradually. At present, Iatrical entanglement has become one of the most attractive points in our society. The problem arises in part from some reasons. In its sense, the hospital have some responsibilities for such a question. Obviously, as a special service enterpriser, the position of hospital is superable than the position of patient, that is not equal. Under circumstance, the hospital can abuse right in possible. So, the thesis is not only a hot social problem, but also a hard theory problem deserved to study.There are three parts in this article:The chapter one mainly deals with the basic theory about legal regulation of hospital. Including contents as follows: firstly, to impose the stringent restrictions on the nature of hospital, then explain the concept of the trade advantage position of hospital, in addition, this paper will make the difference between the concept of the trade advantage position of hospital and the trade dominant position refer to the competition law. Section two introduces the hospital abusing rights and its cause of abusing rights.The chapter two will analyze the legal regulation of hospital on theoretical foundation. Section one, the author elaborates the foundation of ecnomics of legal regulation. Section two, the author elaborates the foundation of politics of legal regulation. Section three, the author elaborates the foundation of values of legal regulation.The chapter three will put forward some policy suggestion for the problems mentiond above. Section one introduce the drawbacks of legal regulation currently. Section two, perfecting legislation of health law, enacting competing regular in the medical market and protecting the rights of patient. Secondly, inhence application of law of the rights and interests of consumer. Section three, account of the medical market failure, we should inhence the government's effect on the medical and health market, however, some policies used to interfere in the market failure.