Research On Compulsory Medical Liability Insurance

Based on the experienced science of health care, the exploration of service technology, the complexity of clients, and the public welfare of the service, countries all over the world have established medical liability insurance system for medical damage responsibility. Medical liability insurance system in China is still in its initial stage, the general liability insurance is on a voluntary basis, but its running is below expectations. Of the necessity of compulsory medical liability insurance, learning from the inspection of foreign experience in the compulsory medical liability insurance system, and the effect of the Chinese pilot about compulsory medical liability insurance to explore that China should choose the health care system of compulsory medical liability insurance. To this end, building the proposal on the implementation of specific legislation.Concrete demonstration of this thesis is divided into five parts:Part I:" The basic theories of compulsory medical liability insurance". Firstly, from the meaning and characteristic of the medical liability insurance to define medical liability insurance, on this base leads to compulsory medical liability insurance. From the character of compulsory medical liability insurance and the differences between social medical insurance and compulsory medical liability insurance to analyze the compulsory medical liability insurance, pointing out the characteristics of compulsory medical liability insurance system.Part II:" The actual status of chinese compulsory medical liability insurance ". Since 1998, Beijing and other places in China has carried out the marketization medical liability insurance, but limited by factors such as China's legal environment, The advantages of market mechanism did not play, I try to expatiate the running status and reasons of medical liability insurance. For this,there were some pilot cities firstly to carry out medical liability insurance compulsorily, this model received good results. I will give a brief introduction to these regions which existed characteristics and the effects. Part III:" International comparison and implication of compulsory medical liability insurance". Stones from other hills may serve to polish jade. By comparing the different compulsory medical liability insurance systems of United States, Britith and Germany, from the insurance model, the scope of the insurance, the handling mechanism, so as to understand and implicate from foreign compulsory medical liability insurance system, then based on the health care system and economic conditions in our country, propose recommendations on building of our compulsory medical liability insurance.Part IV:" Analysis of compulsory medical liability insurance necessity". Analysis of the necessity of compulsory medical liability insurance divide into four aspects. The necessity is:the characteristics of medical services and risk insurance is the prerequisite base of compulsory medical liability insurance; following the law of large numbers, increasing the number of risk diversification is the theoretical basis of compulsory medical liability insurance; to protect the interests of victims, which coincide with the development trend of liability insurance is the law enforcement interests basis of compulsory medical liability insurance; on protecting the interests of the convenience of patients, third-party dispute resolution mechanism for monitoring the effectiveness and reduce the burden on the legitimacy of government is the social basic of compulsory medical liability insurance.Part V:" Proposal to establish compulsory medical liability insurance system". On the situation of home and abroad, the analysis of different organizational models and the implementation of the model, medical and health work force should be established in China to make business operations of compulsory medical liability insurance, and through fund-raising model, co-ordination level, policy preferences etc to enrich compulsory liability insurance system.