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The Research On Legal Attributes Of Doctor-patient Relationship From The Perspective Of Social Law

Posted on:2018-03-17Degree:MasterType:Thesis
Country:ChinaCandidate:Q GuoFull Text:PDF
GTID:2336330515992392Subject:Legal theory
Abstract/Summary:PDF Full Text Request
In recent years,with the rapid development of economy and enhancement of people’s right awareness,it shows a fact that the current status of medical treatment and public health doesn’t match the increasing demand for health which makes the doctor-patient relationship quite intense.This condition does nothing good to the protection of their legitimate rights and the development of health service.From the perspective of jurisprudence,we solve the issues properly between patients and doctors,maintain both of their legislative rights and realize the fairness and justice.Hence,to make sure legal attributes of the relationship between patients and doctors is the problem we need to deal with.The legal attributes between doctor and patient lead to the distribution of their rights and obligations as well as the way how to deal with the medical dispute,which has an important theoretical and practice meaning.Based on the concepts of the relationship between doctor and patient,this essay studies some related theories on the legal attribute and proves whether the relationship between doctor and patient belongs to law of society.And put forward some constructive suggestions on legislative consideration,which may find a proper way to solve the patients and doctors problem.Study the issues of the legal attributes between doctor and patient.Firstly,the basic concepts of the doctor-patient relationship and the legal attributes between doctor and patient should be clear up,as well as their relationship,in order to lay the theoretical foundation for the next research.Secondly,organizing and evaluating the legal property of the doctor-patient relationship,mainly on the attribute of civil and legal relationship,the attribute of the consumption legal relationship,the attribute of the administrative legal relationship,the attribute of the oblique legal relationship and the social legal relationship.Leading to the view that the legal relationship between doctors and patients belongs to the social legal relationship.Thirdly,demonstrating the connotation on law of society and its legislative values and analyzes the current status of the relationship between the doctor and patient.It proves the rationality that the relationship should be adjusted to the law of society.Finally,basic legislative idea ofthe doctor-patient relationship from the perspective of social law,lay down the basic principles of the legislation within the doctor-patient relationship the attribute of social law the choice of the legislative model and the construction of the diversified dispute resolution mechanism.
Keywords/Search Tags:Doctor-patient relationship, Law attribute, Law of society, Principle of leaning protection, Medical law
PDF Full Text Request
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