Discussion On Medical Damage Compensation Liability Cognizance And Treatment

Before tort liability law promulgated,due to legal regulations inconsistent,Cause of medical damage compensation liability law inconsistent. The two class,two compensation standard, two kinds of identification methods for use,Not only the parties, the judge not know what course to take,but do harm to our legal rigor and uniformity,impact the Justice, Aggravate the contradiction between doctors and patients,Urgently needs to be solved by legislation.The promulgation and implementation of Tort liability laW, Change the medical accident damage compensation and general medical damage compensation of the different mechanisms.cause the medical damage compensation and civil compensation Agreement.At the same time construct a relatively rich medical damage compensation system,In the physician-patient interests of both sides were relatively reliable measure.But, Tort liability law regarding medical damage rule is too refined,In the actual operation need legal interpretation and legal refinement. In addition to, the urgent problem in the judicial practice need to solve, Tort liability law does not clearly.For example, The medical identification system specification, further study left the theory and the judicial world to improve.The author combines the practice of Justice, By the compensation for medical damage civil liability constituted requisites Perspective,discuss on theTort Liability Law, The compensation for medical damage liability cognizance and treatment,And put forward the related proposal.This paper includes four parts except the preface and epilogue.The first part:"Constitutive requirements of the compensation for medical damage liability".the author thinks to study the system of medical damages compensation,We should first clear the liability of the medical damage of concrete structure.This part start from Constitutive requirements of the compensation for medical damage liability " three elements" and" four elements" contend. Discuss constitutive requirements of the compensation for medical damage liability from four aspects.In order to grasp the trials of medical damage compensation cases better. To relieve the sharp contradiction between doctors and patients.The secend part:"Medical compensation laws applicable".This section reviews the legislative history of compensation for medical damage in China.And analyze the application of law about medical damage compensation cases concerning at this stage. Especially after the implementation of the tort liability law,Regulations on handling medical accidents exist or abolite.Discuss the compensation standard of Judicial interpretation of damages for personal injuries and the tort liability law Inconsistent, and Put forward my views.The third part:"The compensation for medical damage liability principle."Law of tort liability of medical damage compensation cases of imputation principle made differs from previous provisions.In order to fault liability,Presumption of fault and no-fault liability supplement. overthrow the previous" inversion of responsibility for proof.So handle the disputes between doctors and patients More conducive and correctly,promot the medical and health undertakings flourish,Construct the Harmonious Society.The forth part:"Diagnosis and treatment of damage of the judicial identification". Diagnosis and treatment of damage of the judicial expertise is tort liability law not specified,But urgent need to solve In judicial practice,.This part detailed analysis respective advantages and disadvantages between the technology identification of medical accident and the judicial identification of medical fault. Combined with judicial practice,In reference to the views of other scholars, Put forward my views on the compensation for medical damage identification system.