Font Size: a A A

Study On Punitive Damages Mechanism In Chinese Medical Tort

Posted on:2015-01-17Degree:MasterType:Thesis
Country:ChinaCandidate:L L SongFull Text:PDF
GTID:2296330422490036Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, medical accident disputes like killing and chopping doctorsoccurs frequently. With the growing tensions of doctor-patient relationship, medicaltort issues have become the focus of public attention. In order to resolve the relatedproblems existing in medical disputes, The State Council issued Medical MalpracticeManagement Regulation on April14,2002, whose implement produces positivesocial effects. On December26,2009, Standing Committee of National People’sCongress passed the Act of Tort Liability, which made more complete regulationsprocessing for medical disputes, to make a more complete requirement aiming theprocessing of medical disputes. However, gold can’t be hundred percent pure.Compared to the legislative purpose, the results the new act achieved remains quite afew problems. Medical tort events continue to occur despite repeated prohibition.Medical workers exist factually amounts of tort harming patients’ health. Due to noexplicit ways to appeal, patients and his family members can not gain reasonablecompensation in most cases. Besides, lack of trust between doctors and patients,events like killing and chopping doctors occur constantly causing serious effects. Thereason in deeper study is the problems concealing in the healthy care system.Moreover, the defect of Chinese medical damage compensation is the key element.Based on this, the thesis aims to explore an effective legal system to crack down onand prevent medical tort and to build Trust Bridge between doctors and patients, bythe study of medical tort punitive compensation system and from the angle ofcompensation liability of different medical tort types, hoping to afford some benefitfor Chinese legislative and judicial practice.Including the introduction and conclusion, the thesis altogether divides into sixparts, by the structure of identifying problems, raising problems and resolvingproblems. The introduction part points out the topic’s origin, the research significance and actuality of study domestic and abroad.The first chapter, starting from the basic theory of medical tort and punitivecompensation system, analyzes the medical tort’s concept, classification andspecification. In addition, it introduces the concept and features of punitivecompensation system as well as the relationship of punitive damages andcompensatory damages to draw forth the topic—damage compensation system ofmedical tort.The second chapter mainly discusses the reality of the defects of Chinesemedical tort damage compensation and the significance of properly extending theapplication of punitive compensation system.The third chapter analyzes the feasibility of extending the application ofpunitive compensation system in China. The feasible analysis includes the finetradition of punitive compensation system in China, the precedents of the applicationof punitive compensation system in legal respect in China and the introduction ofmature experience of punitive compensation system’s application in America. Itconcludes that it would be easy for citizens to accept the idea of extending theapplication of punitive compensation system in China.The fourth chapter explores the inevitability of extending the application ofpunitive compensation system in China. At first, it discusses the key components ofhe application of medical tort punitive compensation system and the confirming ofthe sum of indemnification in China. Then it investigates how to establish thesupporting systems of punitive compensation system in medical field to truly resolvethe doctor-patient disputes.
Keywords/Search Tags:Medica Tort, Compensatory damages, Unitivedamages Apportionment
PDF Full Text Request
Related items