Excessive Medical Behavior Tort Liability

In recent years,excessive medical treatment of medical institutions problems caused the attention of the society.Excessive medical behavior has become a common social problem.However,due to the professionalism of the medical industry,particularity,in improving the legal system and curb excessive medical behavior didn't play their role.Based on the author thinks that,a series of legal theory research on excessive medical behavior is necessary.In this article,the author mainly from the civil legal relationship perspective are analyzed.In this article,the author and to summarize the research of the civil liability excessive medication at home and abroad.Excessive medication in the first chapter analysis the basic theory,and understand,define the concept of excessive medical behavior;Characteristics and summarizes the excessive medical behavior;Analysis of the causes of excessive medication,and for some and confuse the concept of excessive medication.In this article the first chapter focus on the nature of legal relationship in the process of excessive medication being analyzed,it is end of excessive medical behavior basically is tort.In the second chapter mainly from overly specific standards for the medical tort behavior and harmful result and reason.In the third chapter to excessive medical tort liability to pay compensation,in the fourth chapter and the fifth chapter of the article,the author tries to put forward from the aspects of the lack of legislation in the current form and perfect the legal advice to curb excessive medical behavior.To legal regulation,excessive medical behavior is conducive to the fair of medical services,but also to reduce the waste of medical resources,make the national medical health resources be fully utilized.Justice is the foundation of a nation's progress and development,so the excessive medical behavior law regulationwill help to improve the level of the judicial development of China,is also the basic requirement to the healthy development of the national science.