On The Construction Of Compulsory Medical Liability Insurance System In China

In order to realize the risk of suffering from side to practice medical injury claims and dispersing the medical side, most countries in the world have established a medical liability insurance system. But in China, thanks to the principle of voluntary insurance, coupled with its own design of the system is imperfect, higher product quality and service is not the reason, medical liability insurance development speed is very slow. In this regard, China has successively carried out a number of compulsory medical liability insurance pilot, resulting in a positive social effect. Therefore, China is necessary, but also possible legislation to establish a nationwide system of compulsory medical liability insurance. This paper is divided into the following five sections:The first part:"Force medical liability insurance definition." Because of compulsory medical liability insurance is a medical liability insurance in one, so the article first medical liability insurance concepts and defining characteristics. Second leads compulsory medical liability insurance concepts and features, and its easy to confuse it with another type of insurance-social health insurance were compared. Part Ⅱ:"The Necessity of Construction of China compulsory medical liability insurance system." The section through three aspects of the urgent need to establish mandatory medical liability insurance system. First, compulsory medical liability insurance can effectively safeguard the interests of patients, doctors and patients to ease the contradiction. Secondly, compulsory medical liability insurance can be dispersed medical risk, reducing the risk of cost of medical institutions. Finally, compulsory medical liability insurance coverage can increase demand, guarantee the stable development of the insurance market.Part III:"Feasibility of Constructing compulsory medical liability insurance system analysis." This section describes the country not only need, but also have the responsibility to build compulsory health insurance system conditions. First, the establishment of a legal basis for compulsory medical liability insurance legal system. Second, Shenzhen, Beijing and Shanxi provinces and cities through the establishment of compulsory medical medical liability insurance pilot, has accumulated a wealth of practical experience. Finally, the advanced experience of the American Medical liability insurance can also provide a reference for our country. Part IV:"Construction of China compulsory medical liability insurance system mode selection." In this section mainly analyzes the compulsory medical liability insurance should be used for development and organization model. Combined with China’ s national conditions, to promote the model by comparing the administrative and legislative dominant mode of compulsory medical liability insurance more suitable legislation led development model. Compare business models, mutual aid and social models, China’s compulsory medical liability insurance is more suitable for the business model of organizational model.Part V:"Build the framework of compulsory medical liability insurance system design." In this section first discusses the rights and obligations of the compulsory health insurance system is the responsibility of the insured and the insurer specific. Second, analysis of the specific content of compulsory medical liability insurance contract system involved, including mandatory medical liability insurance contract insurance coverage, insurance and determining the source, the limits of liability of the three aspects.