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Theory Of Excessive Medical Tort Liability

Posted on:2018-01-30Degree:MasterType:Thesis
Country:ChinaCandidate:Z N XuFull Text:PDF
GTID:2336330512993368Subject:Law
Abstract/Summary:PDF Full Text Request
Excessive medical treatment as a thorny problem,it seriously affected the ordinary people's living standard and quality of life.Ordinary people for drug price and the quality of medical services to a western diplomat,one led to the excessive medical behavior is the phenomenon of a very important reason.For excessive medical behavior study,is helpful to understand the phenomenon of excessive medical treatment,let people know,excessive medical treatment when damaged rights and learn to use legal weapons to safeguard the legitimate rights and interests of oneself,make the phenomenon of excessive medical treatment eased to some extent.This article is divided into six parts to expound the excessive medical treatment,from the perspective of law on excessive medical behavior to do a more comprehensive analysis.The first part is the introduction part of paper;The second part introduce the basic theory,of excessive medical behavior,first of all,to a reasonable definition of "degree",reasonable definition of the concept of "degree" to understanding excessive medical treatment is very important,then from the Angle of law has been clear about the excessive medical behavior concept;The legal nature of the third part introduces the excessive medical behavior and the present situation of legal regulation of the excessive medical treatment,and discusses the legal nature of excessive medical treatment,mainly for "tort" "contract" "competition" are compared.About the present situation of legal regulation of the excessive medical infringement,detailing the tort liability act of excessive medical treatment;The fourth part is the core part of this article,it is about how to correct understanding of excessive medical behavior,for how to determine the excessive medical behavior,first of all,the imputation principles expounded,secondly and discusses in detail the components of the excessive medical treatment;The fifth part is excessive medical responsibility borne by the who,and the problem of how to undertake,including responsibility of subject,and the compensation principle and scope of compensation.The sixth part analyzes the current law in the regulation of excessive medical treatment and the improvement of the corresponding suggestions.
Keywords/Search Tags:Excessive medical treatment, Tort liability, The compensation principle
PDF Full Text Request
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