The Research On The Issue Of The Damage Compensation For "Wrongful Birth Case"

With the development of medical technology, the issue of damage compensation for"wrongful birth case"has become a new problem in dispute between doctor and patient. There are a lot of related cases in the judicial practice in China, the emergence and growth of such cases attracts wide attention of academe.At present, the domestic scholars' research into this issue is nearly blank; some related research achievements merely stay on the level of translation and introduction of judicial precedent in abroad instead of studying on this issue combined with national condition and legal system of our country. However, such cases not only relate to civil right, but also relate to the interest of medical institutions. So handling these disputes correctly has important significance to stabilize society and establish the harmonious relationship between doctors and patients.This article contains three parts of introduction, a four-chapter text and conclusion, and it is about 50000 words.The first Chapter mainly discusses the connotation of"wrongful birth case"and three types of such case, which become the foundation of research of the issue of damage compensation. With three typical cases, the article draws out the issue of damage compensation for three types of"wrongful birth case", namely"Wrongful pregnancy"case,"wrongful birth"case and"wrongful life".The second chapter inspects the issue of damage compensation for"wrongful birth case"through the method of comparative analysis. After inspecting the concern theory and judicial practice of the countries of the common law system and the civil law system, the article demonstrates the condition of macroscopic research on the issue.The third chapter emphatically discusses the confirmation of the liability of damage compensation for"wrongful birth case". The article clarify the basis of claim right of the three types of such cases, and analyze the essential elements of establishment for the liability of damage compensation, then confirm the scope of liability of such cases.The fourth chapter mainly discusses the dissolves of the issue of damage compensation for"wrongful birth case"in our country. The article inspects the current situation of the issue of our country from different aspects, and considers the issue in policy, then puts forward some suggestions of the dissolves of the issue.The article mainly uses the method of the comparative analysis and the method of case analysis to analyze the issue of damage compensation for"wrongful birth case". Meanwhile, the article uses logic analytical method to study on the confirmation of liability of damage compensation. The author hopes to offer some constructive references to the elementary theory research and the concrete judicial practice of our country!...