Legal Rights Of Public Hospitals In Our Country

Legal person system originated in the Rome.The emergence of legal person is closely related to the development of commodity economy, in our country, the policy of hysiocracy and restriction of bussiness observed by the feudal ruler In China’s feudal sociaty have negative impact upon the development of comodity economy for a long time, the development of legal person system in our country thus lag behind other developed economy.Until1986, the implementation of "general principles of the civil law" mark the establishment of legal person system with its clear stipulation as to the definition and rights of legal personIn our country Public hospitals are classified as institution legal person which has certain organization, own its property, has its own name and domicile, it can enjoy the rights of legal person and bear civil liability independently according to law. Public hospital is engaged in the provision of medical services,it is invested and subsidized by government. It have the legal person status and could exercise comprehensive legal rights, including the right to deal with its internal and external affairs independently. However,, considering the professional services it provide and market-orientated operation it conduct, public hospital is different from other general institution entity; It is also different from enterprise, it bear more social responsiblity and operate, to some extent, just for the sake of public welfare.The public hospitals are now in predicament under the impact of Medical Reform which impose the limit upon the exercise of right vested in public hospital. The reason is as follow:government sector and public institution are not seperated,identity between managers and builders are not distinguished,administrative power intervene too much upon public hospital, public hospital’s legal status is not independent and legal rights of public hospitals in our country is limited greatly,for example,, its right to dispose of property is limited, public hospitals’management rights has been limited, right of discretion is constrainedthe reasons why public hospital’right is limited are as follow (1)the government and public institution are not strictly seperated during operation, identity between the managers and the organizers are not distinguished;(2)deficieny in personnel management system (3)difficulty in enforcement of property management.(4)dispute resolution mechanism process defect.So,Countermeasures are as follows:(1) to carry out the policy of separating the government sector and institution body(2)facilitate the utilization of function of market to allocate the resource,adhere to emplyment system under the anrrangement of labor contract as well as implement the multi-point qualification certificate issuance system;(3) to carry out the system of corporate investor to guide social capital to participate in this undertakings(4) to introduce a new way of thinking characterized by its legal person orientation, to solve out medical disputes.So that the public hospital can truly enjoy the lawful rights, enhance the awareness of concept that the sacred status of legal entity is inviolable.