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Civil Law System Research Doctor-patient Relationship

Posted on:2014-02-09Degree:MasterType:Thesis
Country:ChinaCandidate:L J WangFull Text:PDF
GTID:2266330425953878Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The medical industry related to the health, life safety of the citizens. However, due to the high risk of the industry, the doctor’s own high technical requirements, the medical damage occurred frequently, the tension of the doctor-patient relationship intensified. Almost daily news reports doctor caused secondary damage to patients on physical and mental, the events will also appear in the same version of the news reports of assault injury in patients with a doctor, seriously affecting the medical order. This tension relationship between doctors and patients exposed thought-provoking problems.It should be noted that the incidence of medical damage is fully able to control to minimum, the doctor-patient relationship can change from tension to harmony, and the fundamental path to achieving this is that the legal system itself. A sound legal system is the building of a harmonious relationship between doctors and patients. In the legal system of building a harmonious doctor-patient relationship, bore the brunt of the civil law system, as the doctor-patient relationship is essentially a civil relationship. Regulate doctor-patient relationship in the civil law system, the most important is the system of contract law and tort law system. In short, put the two equal subjects into the civil law, not only allow the government to honor the political commitment, but also can be regulated to the current problems in the organ donation process, you can protect the rights and obligations of both doctors and patients either. Especially China’s medical security mechanism is not perfect, the civil law on the adjustment of the doctor-patient conflicts can play a great role in the prevention and guidelines. In view of this, we select the question of civil law regulations of the doctor-patient relationship, the growing tension in the doctor-patient relationship from the point of view of the civil law regulations, trying to balance the contradictions of both doctors and patients from the sight of contract law and tort law, both to protect the legitimate interests of the party suffering from a relatively weak position, but also to protect the legitimate interests of hospitals and doctors in a relatively strong position, and ultimately build harmony, equality, sustainable development of the doctor-patient relationship.In this paper, used the interpretation of the law research, comparative law research, sociology of the law research, case analysis method and other research methods, first analyzed the basic theory of the doctor-patient relationship of civil law regulations, explored the meaning of the doctor-patient relationship and doctor-patient legal relationship, the nature and characteristics of the civil law regulations of doctor-patient relationship in two basic areas-contract law and tort law, presence the two basic types of the legal relationship between doctors and patients, contractual relationship between doctors and patients, and infringement relationship between doctors and patients. Second, writer explored the practice of the abroad doctor-patient relationship on civil law regulations, the legislative model and the specific provisions of the civil law and common law countries, the use of contract law and tort law system of the doctor-patient relationship, and compare the similarities and differences and the advantages and disadvantages of the two legal systems on civil law regulations, and demonstrated the practice of the two legal systems on civil law regulations, provide reference and inspiration to build the civil law regulations on legislation of the doctor-patient relationship about our country. On this basis, writer reviewed and combed the Contract Rules and Regulations of the doctor-patient relationship and the practice of tort law system, and pointed out the problems in the practice of China’s Civil Law Regulations of the doctor-patient relationship or the direction of reform. Finally, writer explored the civil law of China’s harmonious doctor-patient relationship building, and put forward countermeasures and suggestions to improve our contract law and tort law.
Keywords/Search Tags:doctor-patient relationship, civil law regulations, tort lawregulations, contract rules regulations, civil legal relations
PDF Full Text Request
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