The Position Of Nature And Legal Regulation Of The Relationship Between Doctors And Patients

The doctor-patient relationship referes to the legal relationship of rights and obligations which is built between the medical institutions and patients during the diagnosis and treatment. But the positioning of the legal nature of the doctor-patient relationship has not reached a consensus on academic research. The position of nature has an important influence on how to adjust the relationship between doctors and patients. It will determine the distribution of the rights and obligations between doctors and patients and the settlement of the medical disputes. But as the number of medical disputes in our country is growing, the severity is increasing and even a threat to personal safety, the doctor-patient relationship is increasingly tense, and the existing legal system is also gradually overwhelmed. Therefore, the correct positioning of the legal nature of the relationship between doctors and patients, so as to provide correct guidance for the legal regulation of the doctor-patient relationship, in order to build a harmonious doctor-patient relationship.Based on the review of the different views in the academic circles, this paper argues that the relationship between doctors and patients should be adjusted by the social law, whether based on the perspective of legal classification, the constitution of the legal system of China or the practice of the relationship between doctors and patients. Therefore, the nature of the relationship between doctors and patients is positioned as a property of social law. As far as theory is concerned, with the mutual fusion of public law and private law, the third field of law, social law came into being. According to the analysis of the main body, object and content of the relationship between doctors and patients, both parties in the relationship between doctors and patients on legal equality and actual inequality is the same as the adjustment object of social law, and the adjustment of doctor patient relationship need to tilt protection as the basic principle, and the adjustment method of social law is the most suitable for the adjustment of the doctor-patient relationship. Meanwhile, based on the perspective of the constitution of the legal system of China, the department of social law is the only legal department which is suitable for the adjustment of the relationship between doctors and patients among the seven legal departments while the doctor-patient relationship does not meet the requirements of the object of the department of Constitution and the constitution related law, the department of the civil law, the department of the administrative law, the department of the economic law, the department of the criminal law and the department of the litigation and non-litigation procedure law. The department of social law actually belongs to the third law jurisdictions, the doctor-patient relationship from fundamental a social legal relationship. The practice of the relationship between doctors and patients has also demonstrated the social law of the relationship between doctors and patients. If the doctor-patient relationship is completely adjusted by public law or private law, it will only lead to the deterioration of the relationship between doctors and patients. The era of public law adjustment is gone. If the doctor-patient relationship is adjusted by the law, the hospital is difficult to play a positive role and it is difficult to state financial burden, and the interests of patients are more likely to cause great damage. If the private law to adjust the doctor-patient relationship, there is not conducive to the economic weakness of life and health protection of the fatal drawbacks. If the relationship between doctors and patients is positioned as a social legal relationship, this will be able to dilute the concept of the rights of the hospital, enhance their sense of responsibility, so that it can always start from the interests of the group of patients. Therefore, it is the best choice to build a harmonious relationship between doctors and patients by positioning the relationship between doctors and patients as a social legal relationship.On the basis of fully demonstrating the social law of the relationship between doctors and patients, this paper puts forward the macroscopic thinking of the adjustment of the relationship between doctors and patients. This paper puts forward the basic idea of the legal regulation of the relationship between doctors and patients as the idea of social standard, the idea of human rights protection, the idea of public welfare, the idea of fairness and the idea of justice and patient centered and the basic principle as the principle of protecting the weak, the principle of state intervention and providing basic protection, the principle of protection of health and the principle of patient autonomy. This paper also puts forward the idea of constructing multiple dispute resolution mechanism including the negotiated settlement mechanism, the administrative mediation mechanisms, the litigation settlement mechanism, the third-party mediation system, and the medical dispute arbitration system.