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Research On Principle Of Attribution Of Medical Damage

Posted on:2013-10-10Degree:MasterType:Thesis
Country:ChinaCandidate:C ZhangFull Text:PDF
GTID:2246330374491516Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Construction of the system of the Medical damage liability imputation principle,should be a huge systematic project, involve a lot of aspects of supporting legalsystem perfect, and in view of our country at present in medical damage liabilitywidely existing problems at the present stage, what we should do is to: fully learnfrom the theory of liability for medical damage legislative achievements, in anaccurate grasp of medical damage liability core theory on the foundation of theproblem, establishing a set to conform to our country national condition and operationof medical damage liability investigation and compensation mechanism, so as toconstruct our country medical damage liability system.Throughout the extra-territorial successful legislation, whether civil or commonlaw countries, the liability of the medical damage is widely used in tort law, theprinciple of fault responsibility, except Japan uses the strict responsibility, Germany,China’s Taiwan region, as well as the British, the United States and other majorcountries of Anglo-American law system adopt this method, and to highlight theprotection of proof in the concept of injured patients. In the affected side firstpreliminary proof, the control source, evidence collecting evidence most convenientmedical institutions side is not in violation of the law and the corresponding duty tobear the burden of proof; or in the tort law and precedent them directly to establish thecorresponding presumption of fault principle, in order to appear afore-mentionedproblems, have a clear legal guide.Although the law of tort liability of medical damage liability was first formulated,attempts to unify treatment process of medical tort behavior, the end of the liability ofthe medical damage has long been the application of the laws of two yuan comparedwith the previous situation, this is undoubtedly a great progress. But the law of tortliability in medical malpractice imputation principles still exists not just as onewishes. This research is on the path of" tort liability law" about medical damageliability chapter carries on the thorough analysis, integrated study of the imputationprinciples of rationality and consensus on the foundation of achievement and learningfrom foreign legislative and judicial experience, establish our country’s medicaldamage liability system. According to the specific medical infringement behavior ofdifferent nature, classified as medical malpractice, medical ethics and medical product liability liability for damage, respectively, application of the principle of faultliability, presumption of fault liability principle and the principle of no-fault liabilityfor imputation, adopt multivariate rules of evidence and limitation of equitableliability in the medical damage liability in the field of application, to form a scientificand reasonable imputation principle system, build a more harmonious relationshipbetween doctors and patients.
Keywords/Search Tags:The principle of attribution, Fault liability principle, Presumption of faultprinciple, Liability without fault principle
PDF Full Text Request
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