On The Reflection And Perfection Of Medical Malpractice Liability In China

Medical malpractice liability takes up an important role of tort liability lawsystem. Its legislation orientation, doctrine of liability fixation and liability types haslogical relevance. The former two characters have great influence on its macroscopicdesign, overall arrangement, ought-to-be pattern and development. On one hand, thelegislation orientation of a country’s medical malpractice liability system determinesthe foundation of its doctrine of liability fixation. Their spirit and concept will formthe medical malpractice liability types as well as decide which type the country willapply. On the other hand, the development of malpractice liability types not onlydescribes the differences of liability fixation doctrines but also reflects the deepreform of legislation orientation. However, the multi-cultural pattern, multi values andmulti profit demands resulted from China’s present integrate transformation lead tothe “Pluralism” of medical malpractice liability. Based on the “logical system” oflegislation orientation, doctrine of liability fixation and liability types, the reflectionand perfection of medical malpractice liability in China has great theoretical andpractical value on the balancing the relationship and profits between medicalinstitution and patients as well as on the perfection of our overall tort law system.