Studies On Medical Injury Compensation System In The Background Of "Tort Liability Law"

Medical injury compensation disputes are prevailing in the world,in recent years, with the continuous development of medical and health services, the cases of medical injury compensation disputes have been increasing in a growing number, medical disputes to some extent has become a community focus and hot issues。"People's Republic of Tort Law" on medical injury liability system has been successful reform on the medical injury liability system and has a profound impact on the medical industry. In addition, it will play an important role in safeguarding the legitimate interests of both doctors and patients, promoting the sustainable development of medical science and promoting harmony. However, "People's Republic of Tort Law" reflects the game between doctors and patients and is the product of the interests of reconciliation and compromise in large part. And there are still some deficiencies, if not pay attention, it will be difficult to resolve the numerous contradictions between doctors and patients.This paper is divided into six chapters, the first chapter briefly introduces the meaning, character and feature of medical injury; the second chapter introduces the problems before the Tort Law such as Medical injury compensation system exists the dual application of the law, the dual responsibility of cause of action, the dual standard of medical damages as well as dual identification of major medical; the third chapter introduces the amendment of the Tort Law in medical injury system, which mainly features as below: its main provisions of the new rules of the medical malpractice liability ,the total abolition of the medical institutions to form conditions for the establishment of liability, unification of standards for medical injury compensation, specifically the nature of the medical injury and the application of the law, medical malpractice liability on a scientific classification, the correct deal with victims of patients, medical institutions and the relationship between the interests of all patients; the fourth Chapter describes the problems and cause analysis of current system in medial injury compensation system, such as medical malpractice liability does not specify identification system and easing principle of burden of proof, personal injury compensation standards do not reflect the special nature of medical damages, "At the time of the medical standards" determines the existence of difficulties and failure to provisions related to medical malpractice liability-sharing system, and so inadequate, and how the special nature of the medical injury itself, the game of interests of the doctors and patients, the administrative processing mode has played an influence on the civil justice system and the lack of an effective solution to the problem of long-term health damage compensation mechanism. It analyzes the main reasons for these problems from the above aspects;Chapter five explains the significance for China's legislative reference; through introduction of the abroad medical evaluation of medical malpractice system, system of rules and litigation settlement mechanism Chapter VI describes the suggestions of author on the comprehensive system of medical damages, such as the establishment of court-oriented identification system and easing system of burden of proof ,the establishment of medical malpractice insurance system and , exploration of the mediation of medical treatment of damages mode to further improve our health care system.