| High-risk subjects of clinical medicine is considered,the medicine of the extensive and profound,the structure of the human body,leading to the field of medicine has not yet been exploring,the healer cannot explore the therapy of a wide range.Every day is no day.From born to success,to bring in from the octogenarian,birth,aging,illness,and death,is what everyone must go through the process,different people,is the body is different,different spirit.Spirit is the soul of man.In other words,the legislation to compensate for mental damages is to soothe the soul.How medical dispute occurs,in the society as a whole losses to a minimum,safeguard the legitimate rights and interests of the medical staff,both at the same time guarantee the reasonable demands of the patients in the greatest degree of maintaining the order of the hospital is not prejudice the rights of other patients requires from the legislative level to solve.The psychological damage compensation involves many aspects such as social life and ethics,and also needs more discipline theory to support.In 2001 the supreme people’s court " Explanation of several issues concerning the determination of the liability of civil tort " The legal basis for the compensation for mental injury was established.“Law of tort liability of the People’s Republic of China”enacted in 2010,first used the expression of "psychological damage compensation" at the legislative level.However,the stagnation of the law makes it difficult to maintain the protection of civil rights in real life,and the system is no exception.Article analysis contrast,charts,and the use of case description methods,such as the meaning of compensation for mental injury,mental damage compensation in medical dispute legal definition and standard of compensation for mental injury cause,determine the principles and methods of interpretation,combined with the present medical disputes of compensation for mental injury in the specific problems,from the legislation system defects,the judicial relief mechanism,and other supporting measures is not sound and so on the Angle,draw lessons from foreign advanced experience and the specific case of the courts at all levels in guangzhou of mental damage compensation in medical disputes in our country are put forward in this paper the rule of law countermeasures: one,legislation,expand the field of legislation,formulate special law.Second,we will improve the mechanism for judicial relief and,in due course,introduce judicial explanations and use case guidance rationally.Standardizing the identification of medical damages and separating legal and technical issues;To establish the system for the identification of quasi-occupational medical technology;To ensure the integrity of the authentication procedure;The amount of compensation is "typed" Third,the implementation of medical liability insurance. |
