Doctrine Of Liability Fixation On Midical Tort

In recent years, with the continuous development and progress of society, the medical career has also been a lot of development, many difficult to overcome before the disease can be effectively cured, but at the same time, due to the high risk of the medical industry, professional and the unpredictability of features, making patients and medical institutions dispute continued, intensified conflict between doctors and patients, patient disputes become a hot issue of social concern. In the event of medical tort disputes, should comply with the principles of how the attribution issue is worth exploring.This paper explored the imputation principle of civil law in question is an important issue, not only the responsibility principle of tort law and the core of the soul, but also the basis for tort liability law. Responsibility principle not only determines the size of the liability of the parties, determine responsibility, more importantly, the parties involved in the distribution of benefits. Based on this, when dealing with medical malpractice tort issue is particularly important. This article is to explore the research is the face of today’s complex medical tort disputes, how we should correctly understand and apply the principles of medical Tort Liability.The first part of this article is to discuss the definition of medical tort-related and our current medical tort law responsibility principle. The second part is the countries in the world on the issue of medical Tort Liability Principles relevant provisions corresponding to explore, through the study of the world deal with the issue of medical tort adopted the principle of attribution, in order to bring the issue of handling medical malpractice and inspiration reference. The third part is China’s medical Tort Liability Principles brief introduction and analysis division, pointed out that the presence of the respective advantages and disadvantages of the principles applicable. The fourth part is the author put forward their suggestions for improving our medical Tort Liability.The author in the text will be combined with China’s "Tort Liability Act," from the relevant judicial theory to practice, from the legislative purpose of the foreign country concerned to the theoretical point of view of the legal community, to our existing health care system for deep thinking Tort Liability raised, and in relation to aspects of their own humble opinion, in order to start a discussion.