Research Over Medical Liability Tort

World medical technology advances, people attack from a medical problem,more and more intractable diseases can be cured, but excessive medical problems with technical progress. The incident frequency, greatly damage the relationship between medical institutions and patients and their relatives, went to the hospital to make patients and their relatives wounded and killed the behavior of medical workers,and this kind of behavior greatly disturb the order of the medical and health care in our country. Our country law is not detailed enough on the regulation of excessive medical treatment, currently only promulgated in December 2009, the act of assault,has carried on the rough to the problem of article 63.Which is the first time that our country law involving excessive examination prohibitive regulation, but because of its content is too principle, provisions are too simple, the law’s interoperability.Therefore, to further explore the issue can fill the blank of the law of far-reaching significance. This article will start from the clinical practice is widespread behavior analysis, based on the law in our country, the excessive medical behavior as the foundation, the reality of the problem can be divided into four categories, the causes of this phenomenon from the aspects of system, social status and legal regulation analysis, and the excessive medical behaviors caused by the harmful consequences are summarized. Second, emphatically discusses the imputation principle and the component elements of the behavior problem. And ground behind the relief was discussed. In the end, the excessive medical behavior, the main responsibility of the amount of compensation limit and has carried on the exploration, has reached to fill the blank of the law, strengthen the legal regulation effect, the purpose of maintaining the social harmony.