Research On The Damage And Compensation Of The Infringement Of Health Right

This dissertation aims at establishing and improving the damage and compensation system of health right infringement, with protecting personal health as its purpose. The dissertation proves its arguments by applying the concepts and principles in torts to the damage and compensation of health right infringement. It has five parts, besides the preface and the conclusion.The first chapter is about the concept of health right. This part firstly analyzes the background and the necessity of health right. Then it explains the subject, object, and content of health right. Lastly, it distinguishes health right from body right and life right. Health right is different from body right and life right on tort, damage etc.The second chapter is about infringement of health right. This part discusses infringement in three aspects: Tort, the fact of damage and the causality. It also puts forward two types of tort: Mental distress which derives from case law of USA. and Curability chance lost which is according to case law of USA.and France.The third chapter discusses the damage and compensation system of health right infringement theoretically. This part introduces different legislation about this problem in different countries firstly, then draws a conclusion that the damages compensation has two prerequisites: one is what damage in tort is, the other one is weather the causality exist. The view that the damage should be a realistic outlay ought to be given up. And it also illustrates the compensable damages on victim or the third party, including property damage and mental distress, on basis of two prerequisites above.The forth chapter discusses four factors which influence the damages and compensations of health right infringement. These factors are the time to count, the counting standard, the benefits from the damage and the negligence of victim.The fifth chapter is the legislation suggestions on the damage and compensation system of health right infringement, based on four chapters above. First the new types of health right infringement should be allowed in law. Second the each compensation should be qualified. Third, the compensation counting mechanism should be established.