The Civil Liability Of Overtreatment

In recent years, we can notice that expensive treatment cost everywhere. Ordinary people complain the "expensive treatment cost" and "difficult to seek medical advice". NPC deputies and CPPCC members highly concerned. Obviously, The problem of overtreatment has been a general serious social issues. But, because of the medical treatment behavior is very special and professional, legal regulation has not always have effects on control overtreatment act. So in my opinion, that we must analysis of overtreatment act by use of legal theory. In this way we can clear the concept characteristic and constitution of overtreatment act. Based on it, we trying to compensate the loss of overtreatment by the Civil Law theory.The author mainly from the analysis of legal relations perspective, to define overtreatment in form and content, and then based on this analysis of regulation of excessive medical behavior. Therefore, in the beginning of this paper, the author has done is summed up and summarized the research status of excessive medical civil liability. On the basis of Summary and analysis, the second part of the article analyses and summarizes the definition of excessive medical behavior, and summarizes the characteristics of excessive medical behavior, analysis of the causes of excessive medical treatment to produce, in addition, The author to analyze some easy confused concepts about excessive medical behavior. In the third chapter, the author focuses on the nature of the legal relationship between the excessive medical treatment process were analyzed, the excessive medical behavior in fact is a kind of tort. In the fourth chapter, mainly from the angle of objective standard and result of damages, causality, expounds the specific standards of excessive medical tort. At the end of the article, the author tries to put forward some for excessive medical behavior legal advice from the imputation principle and system.The regulation of the excessive medical behavior is conducive to make all citizens equal enjoyment of health services, more conducive to avoid the waste of medical resources, the existing medical and health resources of the country to be full used. The integrity of the judicial way is the foundation of social progress and development. therefore, reasonable regulation of excessive medical treatment, optimize the allocation of medical resources will contribute to our country’s judicial progress, also contribute to our country’s comprehensive coordinated and sustainable development.