Research On The Typical Medical Contract

The medical dispute has been a hot and difficult problem in medical circles and the law circles of our country in the treatment of medical disputes is not mature,often results in the treatment of both doctors and patients are not satisfied,so we often see some medical problems,so proposed a viable solution to medical disputes is typical of the medical contract some vague,relevant medical disputes to clear legal hot issues.The typical medical contract to solve medical disputes will be very applicable,can effectively avoid some medical problems.Therefore,this paper focuses on the typical problems of the medical contract.The first chapter introduces the basic theory of medical contract.First of all,the definition of medical contract,namely medical contract also called medical service contract,refers to the doctors to provide medical services and medical patients,to pay the medical expenses of the contract.This is the most basic legal relationship between doctors and patients,but also the core of the legal relationship.It also analyzes the characteristics of the medical contract,which has its own special attributes.Then,the content of the medical contract is described in detail,including the main body and the rights and obligations of both doctors and patients.The doctors in the medical contract enjoy certain rights and obligations in the process of medical treatment,enjoy the right to have rights,payment of medical expenses claim etc..The doctors have obligations of the medical care obligations,making record keeping obligations and so on.The patients in the medical treatment of the right such as the right of informed consent,privacy and so on.At the same time,the injured party also bear some obligations,such as the obligation to pay medical expenses,the obligation to cooperate with the diagnosis and treatment,etc..Finally,the effectiveness and termination of medical contract are analyzed.In the second chapter,the author analyzes the foreign medical contract system and summarizes the experience of foreign countries.This paper mainly expounds the medical contract system in Holland,Japan,Germany and Taiwan.Holland will be typical of the medical contract,the medical contract in its ci-vil code,the medical contract for both sides of the rights and obligations of both parties made specific and clear provisions.Japan will be treated as a quasi contract of medical contract processing,the Taiwan region will be treated as a contract of medical contract processing,Germany will be treated as a contract for the employment contract.According to the domestic and foreign legislative experience,we conclude that the medical contract should be typical.The third chapter analyzes the necessity of the typical medical contract.The third chapter mainly provides the necessary and sufficient reasons for the implementation of the medical contract in our country,which can reflect the unique advantages of medical contract.Includes fully safeguard the patient enjoys in the treatment process of the rights,is conducive to the application of law,the settlement of medical disputes is conducive to balance the rights and obligations of both parties,it is in favor of new medical cases.Comprehensive analysis of these four aspects,the conclusion of the necessity of the medical contract in our country.In the fourth chapter,the author puts forward some legislative suggestions on the legislation of medical contract in our country.According to the national conditions of our country and drawing lessons from the provisions of the civil code of Holland,this paper puts forward a draft of the medical contract in our country,and expounds the contents of the special clauses of the draft.The typical medical contract is a kind of inevitable trend,at a time when China's "Civil Code" compilation period,should be made of hot and difficult medical contract system is defined,so that both doctors and patients are able to handle the dispute well,make the society more harmonious and stable.