Research Of Liability Principles On Medical Damages Compensate Responsibity

China new "Tort Liability Act" has definitely formulated a lot of related contents about medical damages in Chapter VII. However, there is not a clearly defined conception of medical injury and it is unclear that what kinds of regulations suitable to the medical harm which we encounter in practice conditions. Which is the best liability principle in the compensation of medical damages? The choice is the principle of fault liability or the principle of liability without fault? The main viewpoint in our law circle think that the principle of fault liability is the best one, however, some people think that the latter is the best answer, the other people appeal that we should establish a fair responsibility principle, they argued strongly with each other and without setback. Out of question, the purpose of argument is to expound theirs opinion and standpoint, so as to seek the preferred plan. In this case, we must review the legal system domestic and abroad and take into account the conditions of our country, explore the real demand of Government Public Policy about medical damages and carry on a theoretical analysis to the medical damages in order to promote justice and efficiency implement effectively in society; analyze all quarters, biased opinions and the leak in law, expect to establish a liability system which is completely and systematically and suitable to our country also.In the opinion of logical structure, this article can be divided into three sections.In the first section we can see a general theoretical analysis about liability principles of medical damages compensate responsibility. We consider analyzing it from three aspects. The first one relate to the conception of medical damages and the responsibility of it, and then define the scope of medical damages; the second one involve the different opinions of properties of medical damage, on the basis of this,we prepare to inquire the medical harm responsibility should belong to which civil liability, and define the direction of this article writing; In the end, we want to analyze the liability principles of medical damages responsibility and for an arrangement necessary for the next part.In the second part we mainly introduce the liability principle for the medical damage compensate responsibility overseas (area). In the first place, we proceed from the two legal system (one is Anglo-American Legal System and the other is Continental Legal System) and then select different countries which is respective in each legal system and see the liability principles they adopted, the next step we will analyze the reason they adopted different liability principles in terms of the indexes (economic condition, social context and so on) these counties have, in order to provide help for this article and explore the appropriate liability principles to our country.In the last part we will build a multiplex medical damages system. We will carry on a theoretical analysis about compensation of liability principles our country adopted and seek the problems exist in practice. And then combine with the second section’s conclusion, try to build a system of medical damage liability principles for our country, and define the applicable scope and the liability each other should undertake.