The Research Of Medical Behaviour And Its Problem Of Legal Regulation

The law in our country lacks the clear definition to the medical behavior, such as the overlap of the conception, categorize unknown, the faintness of the define, is an one of the important factors to result in confusion condition of law application and onuses of the medical behavior. Medical behavioral complexity come to a decision the special of the law rules system of the medical behavior, If we lack to clear and definite definition in the medical behavior; Lack to the cognition of the medical behavior innate characteristic, can't be real to establish the law and controlling the mechanism that regulate availably the medical behavior.By analyzing medical behavioral character, this essay thinks that distinguish the broad sense on the notion with the medical behavioral of the narrow sense, is beneficial to make certain the conceptual connotation and extensive definition of the medical behavior, confirm the clear different kinds of medical behavior characters and make sure application of law and onuses of the medical behavior. By discussing the relation medical behavioral characteristic with legal regulation and right and obligation and kind of legal responsibility, The study wants to make out rub of legal regulation and theoretically perplexity, and find out the problem of medical and patient's right system, so as to provide foundation and reference for establishing medical behavior definition and judgment criteria. The study thinks that the medical behavior is a special civil affair, which its special feature in the occupation, such as speciality or high-skill, high-risk, impairment, uncertainty and localization... etc. makes it distinguished from the general civil behavior, and the principle of its legal regulation should follow to benefit to the protection right and interests both parties and doctors , to medical treatment science and technique the development; to the patient's disease recover from illness. This text suggests to establish an independent medical law on the lawmaking and the insurance system of the medical treatment injures, create the system which the medical behavior exempt from liability and limitated compensate for madical treatment impairment, build up the medical behavior cause and effect relates to undertake with duty to unify principle etc.When dealing with medical behavior law rules system like this a complicated problem, the text can't still lead to the overall study from the theoretics and institutional level and wish that the medical behavioral characteristics are cognized completely,realistically,objectively and lead to study more thoroughly to this problem.