The Comparative Research On China And Foreign Countries' Medical Liability Insurance Law Systems

Medical liability insurance, which began in the 1920s, has been developing rapidly after the Second World War. Till now many countries have established a mandatory medical liability insurance system, and have been carrying out reformation on the relevant rules, to adapt to the changes in their societies. However, China has not established a mandatory medical liability insurance system. The current commercial medical liability insurance is not fit to the medical institutions and the doctors, and its development encounters bottlenecks. As citizens'awareness of safeguarding their rights enhances and public pays great attention to, medical disputes are being more and more. These disputes bring the negative impact on the social life and hamper the development of our medical business. Establishing the mandatory medical liability insurance system by legal means is in line with our national goals, meeting the practical needs of the public health system, and is the effective measure to protect the legitimate rights and interests of patients.This paper defines the concept of medical liability insurance at first, and writes the history of liability insurance to clarify the inevitable trend of medical liability insurance's development. By introducing foreign medical liability insurance systems'developments, mainly about Britain and the United States legal systems of medical liability insurance, and making a comparison with the current situation of our country, it finds that there are several issues in the foreign countries'medical liability insurance law systems worthy of our concern: First, the agencies of undertaking medical liability insurance are non-commercial institutions; Second, medical liability insurance generally takes the form of accidental type; Third, the agencies of undertaking medical liability insurance intervened ahead of schedule. During the construction of the mandatory medical insurance system, these issues should be explored and researched.On the base of the domestic and the foreign medical liability insurances'development, this paper proposes that the establishment of the mandatory medical liability insurance system should take legal means to make this insurance start off and develop more quickly. Viewing from the current relevant laws and regulations, particularly"the Supreme People's Court Relevant Rules about Civil Suits Proof"and"the Regulations of Medical Malpractice,"establishing the system of mandatory medical liability insurance laws is necessary. Viewing from the social practice, it is the need of medical career developing hormonally and healthily, the insurance market developing stability and rapidly, and the need of the public medical and health system's reformation.Before talking about the concrete rules of this mandatory medical liability insurance law system, I set out some issues related to medical liability insurance. First, the professional liability is just a kind of fault liabilities, and medical institutions and medical personnel are often subject to various constraints. Second, the punitive damages are whether undertaken or not. It is the nature of potential criminal liability that must be borne by the perpetrator, so it should not be included in the scope of the mandatory medical liability insurance. Third, we have the problem on the defense of moral hazard. I suggest co-insurance system to strengthen the awareness on the common interests of insurance agencies and the insured persons.On learning from the foreign relevant law systems and our country"The Act of Motor Vehicle Accident Mandatory Liability Insurance", this paper propose that China should establish the mandatory medical liability insurance law system, and bring out some specific programs: insurance agencies operating principles is"no loss, no gain", the law should make the insured medical institutions and medical personnel a main position. And the scope of the medical staff is clarified, and the sources of insurance fees are talked about. On the problems of medical staff on a part-time, non-malpractice medical damages and the spirit damages, I give my opinion. Viewing from the current medical liability insurance policies, this paper discusses the factors of the compensation rate and the limit to damages. In addition, this paper proposes to give the victim the direct-request right in the law, and to establish the additional relief fund of medical mal-practice liability to ensure that the victim's loss can be strongly made up for.In this paper, the proposal is only stretched from the foreign relevant systems and the domestic situation. It has some faults inevitably. I hope the professors criticize, and give me some suggestions!...