A Study On Medical Institutions Demanding Repayment For Past Debt From The Perspective Of Science Of Construction Of Law

The media coverage of medical disputes is a lot these years,and the study of it in the academic circles is also never end,yet studies seem to have a inertial thinking that patients are the weaker one during the relationship with medical institution.Therefore most of the law scholars are concerned about the infringement that caused by medical institution when dispute occurs and the study of the legal nature of this medical service contract since it is an unnamed contract.However they are unaware of the study in the foundation of right to demand for delivery of the medical institution who has provided medical services but do not get the corresponding cost when doctor-patient dispute occurs,so that the problem seem to be studied by no one in the scope of law science.This paper consists of introduction,the body of the three chapters and the conclusion.The role of the introduction is to select topic and to explain the purpose of this paper.The second chapter is aimed to illustrate the current situation of judicature of medical institutions demanding for the overdue bills,the author classified the cases into two aspects which are the main body and undertake through the analysis of the related cases.And then it can be divided into the single subject and majority subjects,undertake the obligation to base is divided into the medical service contract,patients and obligatory duty to maintain and death cases of patients with heir limited repayment obligations.to be specific,this chapter starts with the typical cases,and makes a simple list of the recent judicial cases which are relevant,then analyze them.The third chapter is about the jurisprudence analysis of medical institution recover health owe cost problem.This part concerned about the jurisprudence analysis of the paper's three basic relationships,which are medical service,fostering duty,responsibilities.What is the scope of subject of medical service contract,and what is the nature of medical contract,and the patterns of liability.The forth chapter is about the legal advice about this problem,the author suggested that the judicial organs who has deal with such similar cases can spread his vision through the analysis of related theory.Although its trial can only be based on the existing laws and regulations in our country,it can be combined with other department laws.The judicial organs deal with related cases not only limited within the scope of the contract law,but also the marriage and family law,succession law and relevant laws combined with the flexible use of each other.The final part is the summary of all the arguments.