A Resurvey Of Attribution Principles Of Medical Malpractice From The Perspective Of Tort Liability Law

In recent years, malpractice cases occurs frequently with the increase of the law conception. As the chaos of China’s relevant regulations,lead to a lot of controversy when handling cases of medical malpractice about law applicable in Judicial practice.During the process of the law application,the principle of attribution influence the constitutive requirement of liability、the distribution of burden of proof and the scope of compensation liability for medical damages. Therefore,scientific and rational use of the principle of medical malpractice liability attributable to medical malpractice cases for the correct solution to balance the interests of both doctors and patients play a role can not be ignored.Tort Law has come into force recent ly since July1st,2010,Chapter VII makes special work on the medical malpractice.This paper describes in detail the theory and do the necessary analysis on medical malpractice in principles of attribution.This paper is divided into four parts,The first part introduces the principle of attribution theory,Including the concept of the principle of attribution, significance and types of classification,doing an analysis general part of Tort Law on the principle of attribution. Summarizedthe relevant characteristics of the system on the principle of attribution.The second part, first introduced the principle of attribution about he medical malpractice before the implementation of tort law,made an analysis for Tort Law--Chapter VII about the principle of attribution, made a fairly detailed depiction on the principle of fault liability, the principle of liability without fault, and the principle of presumption of fault,classified the medical malpractice into medical technology damages, medical ethics damage and medical products damage.Finally,this part elaborate the excuse for non-responsibility.The third part of this article introduces some representative countries and regions of the world, the United States, Germany, Japan, Netherlands, Sweden and Taiwan, the principle of attribution of medical malpractice to summarize the advantages and disadvantages of Tort Law.This fourth part makesa personal assessment on the principle of attribution.First the part affirmed the promulgation and implementation of tort law played the important role for unifying the legal concepts and the application of the law.,point inadequacies and then proposes some pieces of legislation suggestions for Tort Law,including making special law.