Research On The Legislation Of Medical Service Contract In Our Country

The development of society is so fast. Medical and health services continue to make progress. The requirements for people’s health become more and more strict. As the reform of health care is going deeply, the number and scale of medical, and the items and contents of medical service institutions continue to increase. This increase in patient selection degree at the same time also makes the relationship between doctors and patients have become increasingly complex. The media frequently medical disputes, many events due to improper handling, produced a very bad impact. However, China’s current law has fundamentally no properties of the normal relationship between doctors and patients, in the content are also more standardized procedures of medical malpractice litigation process. This paper attempts to make qualitative analysis to the doctor-patient relationship from the perspective of contract law, the essential definition of doctor-patient relationship is a contractual relationship. In contrast to the shortcomings of the existing laws to solve medical disputes, the medical service contract to solve the doctor-patient relationship, to discuss the medical service contract famous necessity, feasibility and try, the medical service contract is a necessary requirement for the settlement of medical disputes, to the medical service contract, put forward some opinions. From the article structure, the content of this paper can be divided into five parts:the doctor-patient relationship and our legal status, medical service contract, the reason of medical service contract the concept and nature of the medical service contract, the research of medical service contract with the rights and obligations of both sides of traditional Chinese medicine, the problems and thinking in the typical of medical service contract.Specifically, the content of each chapter is as follows:the first chapter, the doctor-patient relationship and our legal status. A clear concept of relationship between doctor and patient, carries on the discussion to the theory about the nature of the mainstream theory of doctor-patient relationship, status code reviews the existing legal system about the doctor-patient relationship and problems. The second chapter, the reason of medical service contract famous. Analysis of the causes of medical service contract, clearly the necessity and feasibility of medical service contract. The third chapter, the concept of medical service contract property. The connotation and extension of medical service contract, discusses the legal characteristics of medical service contract, the nature of medical service contract, introduces the related theory of medical service contract nature, come to the current situation of medical service contract is the non-typical contract, discusses the particularity of medical service contract and special medical contract. The fourth chapter, the research of medical service contract with the rights and obligations of both sides of traditional Chinese medicine. Clear and definite the rights and obligations between the doctors and patients in medical contract of the parties which specific.The fifth chapter, the problems and thinking in the typical of medical service contract. Analysis of the difficulties of medical service contract, and extends some legal thought.According to the contract law as the basis, mainly uses the qualitative research, to clarify concepts using the value analysis method, at the same time, the use of comparative analysis method to construct the structure of practical analysis method, logical analysis and contact. For some complex content, this paper adopts the method of example demonstration.