The Legal Status Of The Doctor-patient Relationship

This thesis tries to set out from particularity of the medical treatment behavior and relationship between physician and patient, making use of basic theories of the medical science and law science to look for the juridical and accurate fixed position of relationship between physician and patient. It involves some current society problems, such as: the worse conflicts of relationship between physician and patient, confusion in legislation about how to deal with the medical dispute, judicial serious disunity. This thesis define the relationship between physician and patient as a kind of special civil contract, and point out its particularity, putting forward to it is necessary to establish a relationship between physician and patient act to the both parties' right and duty, it is just fitting path to resolve the issue.We defined the concept of medical treatment behavior and relationship between physician and patient, pointing out the particularity of medical treatment behavioral; we should study the concept from the narrow sense of relationship between physician and patient. The medical treatment behavior is means that the medical subject influence or change physiological enginery and tectology legally, it is a concept for very broad sense. The narrow sense of relationship between physician and patient include only legal relationship that the medical subjects puts into practice medical treatment behavior for the suffer; Currently, the relation between the physician and patient is in the freezing point, the sufferer lack trust to the hospital, the conflicts turn worse. It have affected develop of a normal and harmonious relationship between physician and patient. Lacking of special law to solve the medical dispute; lawmaking is in confusion; serious disunity for use of the law; this seriously influences the development relationship physician and patient.The ancient times, they primarily value doctor's medical ethics and self-discipline about the fixed position relationship physician and patient; Equal idea in sufferer and value the life principle; and the standpoint of relationship physician and patient can't equal the business. Now for relationship physician and patient contain different theory:the administration theory, the independent theory, common contract theory etc. Pass by the analysis of these theories, we think that it is a kind of civil contract, this kind of contract is very different from the others, such as: the capacity for civil conduct, the object of the contract, the medical treatment contract has the morals, etc. we should constitute the relationship of physician and patient act to regulate medical treatment organization and sufferers' right and duty, to solve the question of worse relationship of physician and patient and the confusion of law applied. While establishing the law, we should balance the both parties' benefits, not only respect the objectivity of medical science, benefiting to the development of the medical science, but also guarantees the equal medical treatment right of the citizen. The lawmaking should constitute the internal stipulation mechanism of medical treatment organization, we can draw lessons of the overseas doctor association system; guarantee the self-discipline of the medical treatment organization. Establishing the mechanism of medical treatment arbitrates, and the simple litigation procedure related, it could fast resolve the medical dispute.