Study On The Liability Of Medical Damage

In economic development and the gradual progress of people's minds the moment,there are still many health violations. This is the traditional two-dollar dispute settlement mechanism has a great relationship, not uniform legislation is not applicable system, which seriously undermined the mandate the use of the judicial system, in large part reflecting the existence of many legal systems contradictions and problems, which is a violation of the emphasis on the principle of limitation of actions, but also to a waste of resources,litigation, health care costs violations in the establishment of socialist harmonious society is extremely unfavorable.Since 2010 promulgated the "Tort Law" is the legislative system to further define the medical tort, first applied the "medical tort liability" concept, the division of responsibility for the medical abuses carried out detailed rules and division.However, we should see many imperfections still exist, such as the fault of the more one-sided evaluation system, other factors are more correlated not conducted considerations, health violations in the definition and the amount of compensation does not emphasize the medical act itself It has the difference. Cipian paper from the "Tort Liability Act" burden of proof "on the trial of personal injury compensation cases applicable to a number of issues of interpretation" of the many considered the legal point of view, to carry out more detailed integration process. So as to define and to further improve the medical tort medical tort, put forward their views and opinions as reference.Cipian paper has four chapters, namely:The first chapter, an overview of medical tort analysis. For the definition of medical tort, advantages and disadvantages, the standard division of responsibilities, liability structure, exemption grasp the situation, and on the identification of medical practice theoretical considerations.The second chapter, for outstanding achievement in the rest of the world for analysis.In the development of European and American countries and civil law countries, as the main object of study.The third chapter, are analyzed for the situation in China at this stage in the medical aspects of tort law norms. Qualitative analysis on the system and health violations, to learn foreign cash in theory, summarize for defects in our country at this stage.The fourth chapter, from the perspective of measures to further improve the health care system to provide advice can learn. China's medical tort system is not perfect, this is the research focus of this post. The author summarizes the shortcomings of the basis, to focus on proposed measures to further improve. Be sure to form a complete identification procedures, independent insurance accountability procedures, systems moral damage payment standards.