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After The Tort Liability Act Era Of Medical Tort Compensation

Posted on:2013-09-17Degree:MasterType:Thesis
Country:ChinaCandidate:J ZangFull Text:PDF
GTID:2246330374482747Subject:Law
Abstract/Summary:PDF Full Text Request
" Represents a period of late, from this point is actually the most recent period. For example:"post-modern" refers to the period of time from now, is the most modern. The said means that the latest change, influential in things."Tort Liability Act come into operation on July1,2010, the implementation of the Act had a significant impact and change, so we come into "After the Tort Liability Act era ", in fact, the period after the implementation of the Tort Liability Act.The law,"Tort Liability Law of the People’s Republic of China", is the further improvement of medical disputes. Its impact on the medical disputes is significant, but still limited, in reality, there are still a lot of problems. Of course, if you rely solely on a civil legal will be able to solve all problems is unrealistic. By combing the question of consensus in China’s Medical Injury Compensation before the the commencement of the " Tort Liability Act". Exploring the changes brought about by the implementation of the "Tort Liability Act", studign the problem still exists, thinking about improve countermeasures.This article reads as follows:The first part focused on the first chapter. Focusing on the concept of medical compensation, provisions on the identification of medical harm, talking about the constitutive elements of medical malpractice—Fault,Actual Losses or Damages,and Causal Connection between Tortuous Conducts, combing the characteristics of medical damages and compensation principles.The second chapter focuses on the implementation of the Tort Liability Act of medical damage and the problems still exitting. The approval of theTort Liability Law has brought great impacts on the apply of law in medical disputes:it ends the "dual" situation in appling of law in medical disputes. But there are some problems to be resolved in the relevant laws, regulations. The third chapter discusses, after the "Tort Liability Act",the impact of medical liability for damage identification and the problem still exists in practice. The fourth chapter discusses the problems still exist in the eality of the burden of proof and the changes that brought by the apply of the "Tort Liability Act". The fifth chapter discusses the problems still exist on medical care, compensation for damages, compensation standard.Finally, the author points out some imperfections of medical disputes in our country by analyzing and put forward the counter methods of Perfection.Through research the above-mentioned problem, We want to makes the interests of the victim can be able to safeguard effectively, achieve the fairness and justiceof the law, and maintain the harmonious development of society ultimately.
Keywords/Search Tags:Tort Liability Act, ComPensation for Damage, Damage identification, ImPutation PrinciPles
PDF Full Text Request
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