Research On Medical Contracts

with regard to the more and more serious situation on Physician-Patient conflicts and disputes in recent years, whether it is "Civil Law" "Regulations on Handling Medical Accidents," "Law of Doctors" "Regulations on Medical Institution", or the regulations made by Supreme People's Court, such as "Regulations on the Evidence in Civil Litigation" "Interpretations of a number of Issues about the Law Application on the Trial of the Cases about Compensation for Body Injury " "Interpretation of a number of Issues about the Determination on Tort Liability of Compensation for Mental Damage", or the rules of "Tort Liability Act" "The Basic Norms of Medical Record "promulgated recently and other legal documents, all of them did not give a clear definition about the legal nature of the Physician-Patient relationship, most of its contents were biased towards the process issues on medical litigation. Because there were many inconsistencies in the application of "Civil Law", "Contract Law", "Consumer Protection Law", "Regulations on Handling Medical Accidents" and other substantive law in judicial precedent of the medical dispute in the past, so, to a certain extent, people make fuzzy and confusing on the legal nature of Physician-Patient relationship. What is the legal nature of Physician-Patient relationship? Based on its legal nature, how to apply the laws and regulations? There are not relevant clear rules in our country. There are lots of controversies in this academic field. Therefore, in the judicial practice, the application of the law will be difficult to unity for the Specific medical disputes.The main causes of the high incidence of medical disputes and Physician-Patient conflicts, is our long-standing misunderstanding of its legal nature. If we can not define the legal nature of the relationship between doctor and patient accurately and appropriately, and can not make specific legal provisions on the rights and obligations between physicians and patients, it will be very difficult to resolve the medical disputes from the origin. The writer is trying to apply the basic theory of civil law to make a relevant research and demonstration on these hot issues of Physician-Patient relationship from the perspective of the contract attributes. From the entire structure, the contents of this paper can be divided into four parts:An overview of medical contracts, The founding, entry into force and termination of medical contracts, the contents of the medical contract as well as The coincidence of the civil liability of contracts. In particular, the main contents in the paper are as follows:Chapter I:An Overview of the Medical Contract. Make a clear definition about the concept, characteristics and legal attributes of the Physician-Patient relationship. Make a discussion on the concept, characteristics and main parties of medical contracts. Combine domestic and international legislation and judicial practice. Introduce the relevant theory respectively, point out the medical contract's non-typical contracts properties of law.Chapter II:The Founding, Entry into force and Termination of Medical Contracts. Demonstrated the specific person concerned of offer and acceptance in the process of founding the medical contract in detail, respectively, discussed the form and content of offer and acceptance in the process of founding and committing the medical contract, the concrete embodiment of the medical contract's legal efficiency. Introduce five kinds of matters to terminate the medical contract.Chapter III:The Main Contents of Medical Contracts. Explain the main rights and obligations of medical side providing the medical services, and the main rights and obligations of the patient side receiving medical services. Make the concrete rules to specific and regulate the rights and obligations between doctors and patients.Chapter IV:The Civil Liability of Medical Contract Disputes. Through introducing relevant theories about the main conditions of undertaking the liability for breaking medical contracts, raise the viewpoint of four elements for undertaking the liability for breaking medical contracts. Analysis and appraise the right to request compensation for mental damage for the non-defaulting party. Make an introduction of the specific content about compensation for personal damages because of the breach of medical contract. Explain the jurisprudence foundation for the coincidence of default responsibilities and tort liabilities in medical practice. Take a detailed comparison between default responsibilities and tort liabilities. Then put forward my own point of view that how to use the right of requesting compensation for the medical tort.This paper's main research method is comparison. Compared with developed countries and regions, China's level of development in medical technology, the related jurisprudence theory and practical analysis of Physician-Patient relationship are relatively backward. They are relatively more mature in above areas. Therefore, this article will inevitably make reference and draw lessons from the related theories and research abroad. On this basis, put forward their views, with a view to improve. At the same time, for some very professional and practical topics, this article uses the method of empirical analysis to demonstrate the relevant subjects.