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Explore On No-fault Liability Compensation System In Medical Damage

Posted on:2009-11-05Degree:MasterType:Thesis
Country:ChinaCandidate:H W LiuFull Text:PDF
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Medical dispute is becoming one of the important social problems in China currently, which obstructed the progress of medical science, injured the assurance of the social public healthy right, life right, and whether the relationship between doctor and patient is harmonious or not relating to the whole social stability, harmony.There are two causes that lead to medical dispute: One is general occurrence of damages;the other,difficulty in relief right of the victim,but the fault liability couldn't make up the two deficiency. All countries are all actively investigating valid law system and solution, to reply to the corresponding problems in dealing with the medical dispute civil case with the fault liability doctrine. What other countries have experienced in employing no-fault liability models offers lessons for policymakers here in China. The no-fault liability compensation system has advantages over the fault liability doctrine in dealing with medical disputes. This paper aims, by comprehensive and systematic introduction and study of no-fault liability system, and examining the pros and cons of the two systems, to deal with its advantages in supplying a gap for medical damages, its applicable instance in other countries, and the development of medical damages relief, which can provide academic basis and fundamental thought for no fault liability system which is applied in China, explore the possibilities for China of adopting such a scheme.
Keywords/Search Tags:medical damage, fault liability, no-fault liability compensation system in medical damage, medical insurance, no-fault liability compensation system
PDF Full Text Request
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