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Fraud Legislative Evaluation Of Medical Damage Liability System And Perfect

Posted on:2013-09-20Degree:MasterType:Thesis
Country:ChinaCandidate:F F TengFull Text:PDF
GTID:2296330395461204Subject:Law
Abstract/Summary:PDF Full Text Request
Medical damage liability system memory in the world, especially in developed countries, sometimes due to the amount of the medical loss caused numerous lawsuits. But in the West, this medical malpractice compensation system does not lead to our common disputes occur more there is no medical trouble. The reason why such cases in China easily become the focus of attention and focus, is that the distrust between doctors and patients. With the enactment of the People’s Republic of China Tort Liability Act ", the system of medical liability for damage the law, medical malpractice reasonable solution to deal with the doctor-patient conflicts tremendous positive effect. New regulations on medical liability for damage of "Tort Liability Act" is of great significance in our legal history of the development of the field of medical tort introduction of medical practice, medical institutions and personnel in accordance with the law and resolve disputes in accordance with the law, according to activists provided a legal basis, and the legitimate rights and interests of promoting both doctors and patients, to promote the sustainable development of medicine, promote doctor-patient harmonious play an important role, to play an active role to establish and perfect the system of medical tort law, and the formulation and implementation of these regulations is bound to a profound impact on the medical industry However, a law can not solve all the medical dispute,"the People’s Republic of China Tort Liability Act" is only played to compromise and reconcile the interests of both doctors and patients, and far from being able to reach so that both sides are satisfied with the results. Medical liability for damage is not only a question of the legal profession, with the countries on the importance of health care reform, and constantly improve the hot issues of common concern in a society as a whole, has been rising.However, a law can not solve all the medical dispute,"the People’s Republic of China Tort Liability Act" is only played to compromise and reconcile the interests of both doctors and patients, and far from being able to reach so that both sides are satisfied with the results. Medical liability for damage is not only a question of the legal profession, with the countries on the importance of health care reform, and constantly improve the hot issues of common concern in a society as a whole, has been rising. However, in the judicial practice, medical Infringement of the subject matter of the dispute is complicated, and our current laws and regulations are not fully and properly handle all medical tort damages disputes, medical Infringment responsibility for the development and improvement of system is a complex system engineering,"tort Liability Act" medical damage provisions of the liability system more principle, the provisions are relatively simple, there is some important system missing, has exposed some of the outstanding problems to be solved. Especially in the treatment of treatment of the special issue of medical liability for damage, at this stage of the system is not perfect, there is no corresponding judicial interpretation introduced, if not pay attention, it will be difficult to resolve important contradictions between doctors and patients. Therefore increase research and improve the system of medical liability for damage on the theory and practice have great significance. This article as a starting point, combined with analysis of the medical damage liability law run the status quo, to further explore and study analysis of the lack of medical damage liability regime and to make some suggestions for its perfect.
Keywords/Search Tags:The medical damage liability, medical malpractice, medicalinsurance, medical damages
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