On Legal Attributes Of Medical Relation

Today the social and individual fortunes gradually increase, the health of persons become more and more important. The most valuable thing in the world is the life of person. In the trip of life, due to all kinds of reasons, all kinds of illness are inevitable, and the illness shall be treated, in the course of treatment the relation between hospitals and patients has formed. Medical acts are with some experimental and body dangerous, so the hospitals and patients shall bear certain risks. And once the risks happen, considering different interests from both parties, disputes are inevitable, this is the course of formation of medical dispute. The dissertation tries to analyze and probe into the legal characters of medial relation, reasons and types of medical disputes and the settlement of medical disputes.Chapter One treat of the some important questions on the topic.Medical relation can include the medical relation in wide meaning and medial relation in narrow meaning. The dissertation emphasizes to study the medical relation in wide meaning in the first part of the article. And in the following article focus on the narrow meaning.There are four kinds of opinions: 1 administrative legal relation theory. The theory holds to adjust medical relation by administrative laws; 2 civil contractual legal relation; The theory holds that medical relation is the civil legal relation and shall be confirmed and adjusted by civil laws. 3 consumption relation theory. The theory holds that medical relation is the consumption relation and shall be confirmed and adjusted by Consumer Interests Protection Law.4 independent medical (health law) legal relation theory . The theory insists that medical relation is independent medical (health law) legal relation theory. This theory advocates to establish independent medical law to adjust medical relation.Chapter Two, general content of the medical relation. The author suggest that the medical relation is a kind of law-relation.Chapter Three, expounds and proves the legal characters of basic elements in medical relation: subject,object,content. The author present that:1, Both parties of subjects of medical relation are equal in legal position, but unequal in reality.2,the object of medical law -medical action has a lot of feature, such as high risk, which distinguish it from other civil action.3,distribution of the right in law is always balanced between the two parties of the subject. But the distribution of right between the hospital and the suffering is unbalanced ,which is obviously beneficial to the suffering.Chapter Four is the conclusion of the article.The article retrospects the formation of the social law, and argues the traits of the social law. By comparison conformity between the medical law and the social law , the author conclude that the medical law is a kind of social law, which resemble social law in four aspect: subject, way of regulate, distribution of the right and liability, target. The dissertation agrees on the viewpoint that the medical relation is the independent medical (health law) legal relation theory.