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Perfection Of Medical Damage Identification System In China

Posted on:2014-10-29Degree:MasterType:Thesis
Country:ChinaCandidate:R FangFull Text:PDF
GTID:2176330467965154Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The implementation of the Tort Liability Law of the People’s Republic of Chinahighlights the unified identification on medical damage compensation in our country.However, in the absence of unified system and the specific provisions on medicalidentification at the national level, in China’s identification practice of medicaldamage, there are such issues as the disunity of identification system for medicaldamage, inconsistent standards for identification, imperfect identification procedures,not standardized forms and contents of identification opinions, and unclearaccountability of wrong identification, which requires the introduction of judicialinterpretations supporting the Tort liability Law for regulation and improvement.Based on our country’s status quo of identification system for medical damage, thisthesis reviews some rules about the medical identification system abroad, combinedwith China’s judicial practice, explores the improvement of our country’sidentification system for medical damage and proposes suggestions.This thesis consists of four parts:Part One introduces the development of identification system for medicaldamage in China, elaborates that the legal treatment of medical damage liabilitydisputes in China has experienced the detection of the fault of a criminal trial in theRepublic of China, developed into the detection of the constitution of medicalaccident as the prerequisite of health administrative and criminal and civil trial afterthe founding of new China, and finally gradually regresses to find out the fault in thecivil trial as the decision on the tort liability.Part Two introduces the status quo of "double track system" of identificationsystem for medical damage in our country, compares and analyzes two identificationsystems for medical damage, lists the disunity of identification system for medicaldamage, inconsistent standards for identification, imperfect identification procedures,not standardized forms and contents of identification opinions, and analyzes thereasons for such problems. Part Three introduces the characteristics of the identification system for medicaldamage in different countries in the two legal systems and analyzes the points worthour reference.Part Four proposes the author’s suggestions for the identification system formedical damage from the establishment of independent and impartial identificationorganizations for medical damage and scientific and unified identification standards,the improvement of procedures for medical damage identification, forms and contentsof identification opinions on medical damage, the investigation system for wrongidentification and the auxiliary systems...
Keywords/Search Tags:Medical Damage, Identification System, Improvement
PDF Full Text Request
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