Study Of Excessive Medical Tort Liability

With the rapid development of social economy,the level of modern medical services has been improved.Especially in recent years,China's medical technology has made a great breakthrough,medical facilities are also increasingly perfect,so that China's medical and health undertakings to a new level.But at the same time also produced a lot of over-medical problems,to a great extent hindered the healthy development of China's medical and health undertakings.Excessive medical problems will not only lead to a great waste of medical resources,but also the majority of the people's personal and property safety caused great damage.Under these circumstances,China in 2009 introduced the "Tort Liability Act".The introduction of this law is very effective to alleviate the contradiction between the doctor-patient relationship,making excessive medical problems,but this method is only for excessive medical behavior in the "unnecessary inspection" to prohibit the provisions.At the same time for the relevant issues on excessive medical law has not made too many provisions,making excessive medical phenomenon,the problem is not a reasonable solution in the practice of life greatly reduced.This article is mainly on the excessive medical tort liability related issues to explore,for the present situation and problems,put forward suggestions for improvement.This article mainly discusses the legal regulation of excessive medical tort liability in our country.This paper first summarizes and combs the achievements of predecessors at home and abroad.Then,we use the method of literature research to summarize the over-medical behavior,put forward the definition of excessive medical behavior and the current view on the legal nature of over-medical behavior.In this paper,from the perspective of civil infringement,this paper analyzes the main body scope,constituent elements and the principle of imputation of excessive medical tort liability,and clarifies the constituent elements of excessive medical tort liability and the scope of relevant subject responsibility.The application of the law point of view,the analysis of key cases,found in the legislation and the judicial problems and shortcomings,and finally respect for China's basic national conditions on the basis of reference abroad experience,put forward the corresponding legislation and justice Improve the proposal.By reading a large number of related over-medical literature and looking for legal provisions on excessive medical infringement,found that the current domestic and foreign research on excessive medical problems are relatively scarce.And scholars aremostly from the sociology,ethics,economics,medicine and other aspects of the analysis of excessive medical problems,involving the legal aspects of the few.This paper attempts to study the problem of excessive medical tort from the legal point of view,hoping to study the theory of overheating medical problems,which can cause the community to pay attention to this problem and make their own efforts to solve the problem of excessive medical problems.