| The establishment and improvement of medical liability insurance system have played an important role in ensuring the implementation of medical liability insurance through the force of law.It is generally known that the medical industry itself shows a high risk in terms the view of both medical institution and medical staff.Under such circumstance,it is necessary to disperse and transfer the pressure and risk of them through running medical liability insurance system,which could protect the rights of patients as well as relieving the medical stuff psychological and economic pressure.For these reasons,medical liability insurance system shows a good prospect for development.The author did some research on medical liability insurance legal system,as well as give some analysis on the related theory and implement.Aiming at the legal problems of the medical liability insurance system,it is put forward the corresponding suggestion,for provide some suggestions for the research of medical liability insurance system on home.Concerned dissertation of this thesis is divided into four parts:Part one is about the basic theories of compulsory medical liability insurance,which carries out a detailed analysis on the part of the theory of Medical Liability Insurance,and gives a reasonable definition of Medical Liability Insurance.Medical Liability Insurance is a kind of liability insurance,that is,the insurance for fault or negligent actions of medical institutions and medical staff,which lead to injury or death of the patients.On the basis of medical liability insurance qualitative insurance for the benefit of a third party,has a discussion and account for it.Hereafter,the thesis on the legal characteristics of medical liability including: the special nature of the subject,limit compensation,the risk of unpredictable.Its function basiclally including: the function of scattered career risk and compensate the economic loss,the function of cultivate the insurance market,the function of social management,the function if promote social stability.The above theoretical study,the purpose is for expansion of below ground,provide theoretical foundation for later study.The second part is the medical liability insurance law relations analysis,in this part of the medical liability insurance law,introduced in brief,this paper expounds the underwriter,insurant and the third person for,the insurer cannot be a man,must be a legal person,and insurant normally is medical institutions or medical personnel,and guaranteed by the insurance contract is the personal or property interests of the insured and the third person is the patients in the medical liability insurance.After clear the legal subject,the related rights and obligations are analyzed in detail,the most important points is defense obligation of the underwriter,insurant inform obligation,and the third person direct claim.Through this part of the research on medical liability insurance by all parties in the legal relationship main body has a deep understanding of the institutions in the article on played an essential role.The third part analyzes the status quo of medical liability insurance law system in China.In the first and second part,we have discussed current implementation of our medical liability insurance law system and present stipulation of medical liability insurance in our country.From implementation to stipulation,all these are based on our concrete investigation and analysis,we could find problems from the process and then carry on the next part orderly,which is about the legal problems in our medical liability insurance.In conclude,this part set an appropriate foundation for the forth part thanks to its clear structure and concrete investigation.The forth part are some advice for perfecting medical liability insurance law system in China.There is no doubt that it is the most crucial part of the whole thesis and is an innovation point the writer set.In terms of above-mentioned problems,the following are several targeted suggestions the writer raises: First of all,we should implement the compulsory medical liability insurance model which not only conforms to the general principles of China’s insurance law and the running rules of insurance itself;but also conform to the benefits of all sectors of society and our national condition.Secondly,definite the principle legal part of medical liability insurance,(here refers to the scope of insurers and insured people).In most cases,the scope of insurers are medical institutions while the scope of insured people should be expanded like trainees.The author illustrate his view in the article.Once again,defined the scope of liability for medical insurance and exemption,for the scope of responsibility,not only include the responsibility that should ought to assum because of the negligent behavior of medical staff caused the patients’ damages,but also include the medical devices,drugs and other medical products are flawed.For example,the damages of the right of reputation and privacy and other personal right.Medical institutions should also be liable for compensation.For the exemption reason,the author divided into the convention excluded liability and statutory duty such five parts discussed in detail.Finally,in this paper,in order to improve the medical liability insurance related laws and regulations,the author discussed the three issues,such as the premium rate,the compensatioulimit and the claim,and put forward some suggestions.Medical liability insurance started late in our country.But we should be aware at its importance to our country,mechanism unsound,as well as had the problems.I’d like to think of the common effort of relevant field of scholars and with the reform of the state medical services.The medical liability insurance must play a role of our country,eventually,for promoting the development of our state medical services and safe guarding the farget of social harmonious stability. 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