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Research On The Medical Contract

Posted on:2008-10-30Degree:MasterType:Thesis
Country:ChinaCandidate:T T GengFull Text:PDF
GTID:2166360242957691Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
As the same with the other countries in the world, the number of the medical disputes and the medical lawsuits are increasing soon in our country in recent years .So the defects of the medical law systems are revealed day by day, and they need to do some adjustments by law urgently. At present, our present Contract Law doesn't have the medical contract, and the solutions of medical disputes mainly carry on through the infringement lawsuits and the administrative lawsuits way. In the medical civil compensation domain, the present legislations and the judicial practices use medical torts to solve medical disputes for a long time, and the domestic academic circles still hold the mainstream viewpoint is that the medical tort is the solution pattern for medical disputes. Because of the widespread use of medical torts, they completely repel the medical contracts responsibility, and then cause the medical contracts vacancy. Add to the solutions of medical disputes are mainly based on the administrative rules and regulations at present; it appears the question which is insufficient coordinated unification between the laws and regulations.This article is under the background especially, focuses on the systematized research of the medical contract. In the research methods, the article mainly uses the comparative method for searching more better patterns which can be use in our legislations; As well as the analytical method for the countermeasure and model of our medical contract legislations based on the solutions of practice questions. The main contents of this article including are as follows:1.Through the further understanding of more concepts and related systems research in the medical contract under referring to the advanced experience, make a systematized research of the medical contract. And then focus on the research of special regulations of the medical contract, combining with the common contract rules and regulations and the medical contract particularities.2. Constructs the frame of the medical civil liability system, and unifies the realities in our country and the advanced legal regulations in the world. Under the foundation of the theory analysis of the medical civil liability system on the source, through the contract system consummation, establishes the liabilities for breach of the medical contract primarily, the medical tort liabilities as an auxiliary system, and simultaneously allows the victim to choose the request in the medical civil liability system. In the system, the very important point is that searching the balance of the legal liabilities between the hospitals and the patients, and achieving the equal rights and responsibilities under the tendency of protecting the patients' rights.3. Let the medical contract become the model contract in our Contract Law, and establish the perfect legislation system of the medical contract. Then all of these are able to manifest in the future Contract Law or in the future Civil Code.Totally, because of the worse medical disputes situation, and just the time our country is compiling the Civil Law, our country should make the medical contract arrangement and adjustment conforming to the development tendency in the advanced countries, and reconstruct the reasonable and effective medical civil law system.
Keywords/Search Tags:Medical Contract, Medical Tort Liability, Liability For Breach Of Medical Contract, The Typical Contract Legalization Of The Medical Contract
PDF Full Text Request
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