Study Of Excessive Medical Tort Liability

Before the formal introduction of the tort liability law, the excessive medical behavior researches are more focused on medicine, sociology, health economics, medical ethics and medical philosophy and other fields, however, the problem of legal regulation of the excessive medical treatment is seldom involved. The tort liability law is formally implemented in July 2010, excessive medical treatment in has been carried on the clear limit in the article 63,thus to restrain excessive medical tort provides access to choice of law for legal scholars with using the method of standard by article 63 of the unfolding and legal perspective to study the basic principles of excessive medical behavior becomes imminent. This paper attempts to analyze the scientific meaning of excessive medical treatment from excessive medical tort liability, and around problems and the causes of excessive medical treatment, the paper tries to find medical solution design, etc. The specific architecture is as follows:The first chapter defines connotation, excessive medical treatment includes the connotation and extension of the concept of excessive medical treatment, industry classification and relate the concept; The second chapter analysis the formation mechanism of excessive medical treatment, boundaries. In this chapter,more perspective analysis of the causes of excessive medical treatment; The third chapter explains the excessive medical tort law basic principle analysis, contains the constitutive requirements, imputation principle, three justifications Angle; The fourth chapter demonstrated excessive medical tort channel to resolve the problem, combining with the experience of excessive medical treatment outside, from the legislative level, legal protection and relief level were studied.Foothold is how to solve the problem of excessive medical treatment, in the research on excessive medical tort liability,to provide patients and their families to maintain their own rights and interests of the relief way are also important to make up for the loss caused by property right and personal right. Definition of science is the first step,there are excessive medical behavior qualitative controversy in the academic circle, many scholars believe that excessive medical behavior is breach of contract and tort competition, in this article it will be regarded as infringement. Since it is tort, comprehensive understanding of excessive medical treatment, must revolve around the typed features, constitutive requirements, the principle of liability fixation, the liability for compensation and other issues. Any problem at the same time should be on the premise of clear the root cause of the problem, this article from the aspects of system, economic interests, social concepts were analyzed, and the causes to find out the breakthrough of relief path. Postpone to the solutions of the problem of excessive medical treatment, the design of the path will be proposed from two aspects: macro to micro and macro perspectives regarding the basis of legal protection, the origin of the building and explanation, the micro perspectives are more likely to provide relief path guidance to patients and family members. In this paper, the ultimate purpose is to balance the doctor-patient interests, gentle tense doctor-patient relationship, realize the harmonious development of medical career advice.