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Medical Contract Accompanying Obligations Legal Issues Research

Posted on:2013-08-22Degree:MasterType:Thesis
Country:ChinaCandidate:H M ShiFull Text:PDF
GTID:2246330395973083Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, We often see disputes of the medical in our daily life. And withthe network developed, information transmission speed is exacerbated by thedoctor-patient relationship tense degree,how to solve medical disputes from thesource,forming a mutual trust relationship between doctor and patient,as both thecommon expectation. The article with " collateral obligation in medical contract " asthe subject of study,from the theory of collateral obligation defined basic problems,combined with the related medical tangle case, using the method of comparison, inthe performance of medical collateral obligation may exist in the various conflicts,and then put forward the suggestions to perfect the law. Hope through to the medicalcontract incidental obligation in theoretical research can help us to grasp the overallhospital in the medical behavior of the obligations of the parties,further defined in themedical contract in respective rights and obligations,convenient judicial departmentsand to understand and use,convenient to patients seeking medical dispute root,so asto solve the problem of medical disputes and provide the theory basis,to better protectthe patient’s personal,property interests,and promote the building of a harmoniousdoctor-patient relationship.Besides the introduction,conclusion,consists of the following three chapters.Chapter1contract obligation. This chapter based on contract incidentalobligation in the concept description,briefly summarizes the collateral obligation ofcontract meaning, characteristics,as well as collateral duty and obligation,theobligation of safety guarantee and so on some approximation concepts.Chapter2collateral obligation in medical contract. This chapter through tothe medical treatment contract summary understanding, elaborated the research ofmedical contract collateral obligation of positive significance. Through to informinstructions accompanying obligations of the medical contract obligations,confidentiality obligations and the obligation to protect specific analysis, try toanalysis the collateral obligation differenecs between the medical contract and another contracts.Chapter3The shortage and improvement of collateral obligation system inmedical contract in our country. The chapter on the current our medical collateralobligation of contract law applicable situation are described,review our medicalcontract collateral obligation shortages and analyzes the reasons,and based on this,how to perfect our legislation of medical service contract the accompanyingobligations author’s immature proposals.
Keywords/Search Tags:collateral obligation, medical contract, medical dispute, good faith principle
PDF Full Text Request
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