Exploration Of The Mechanism Of The Anti-law Function

This paper attempts to discuss the mechanism of legal dysfunction through analyzing from the jurisprudence perspective the evolution of Medical Malpractice Disposal Acts(1987) to Medical Malpractice Disposal Regulations(2002). Before the enactment of Medical Malpractice Disposal Regulations (2002), research in this field mainly centers on how to legislate. After the Regulations, the research is given emphasis on discussing their characteristics and rationality. The research shows that people have always been considering medical malpractice from the perspective of safeguarding patients' rights and interests. One of the Regulations' characteristics is to increase hospitals' responsibility on a large scale in favor of patients. However, the strains of medical tangles and doctor-patient relations have never been lessened; on the contrary, "self-defense medicine" emerges with a constant increase of hospital violence.This paper, therefore, analyses the "self-defense medicine" and hospital violence, then adopts the sociological functionalism method to systematically survey every aspect concerned with Medical Malpractice Disposals Regulations. The purpose of this paper is to expose the main reason --- functional problems of Medical Malpractice Disposal Regulations itself, aimed to open up a new angle to resolve medical tangles.This paper consists of a preface, three parts of body and a conclusion with total words over 30,000. Analysis is developed from inside to outside and vice versa in terms of dynamic and static perspectives.The preface mainly discusses the theoretical foundation, logic process, analysis modes and objects, and some sociological terms as well, which touches upon the essentials of the research theory and method, for this study is an interdisciplinary one.The first part follows a train of thought for sociological study to analyze the emergence of "self-defense" medicine and the urging increase of hospital violence by using outside experimental materials as cues, thus preliminarily asserting the emergence of dysfunction of Medicine Malpractice Disposal Regulations.The second part follows the functionalistic theoretical logic, from the angle of meaning to the system stability made by the "functional essentials", to survey the meeting situations of the four "functional essentials" --- adaptation to the inside of the...