Research On Legal Issues Of Mobile Medical Application Platforms

With the rapid development of the information society,the Internet has been widely used in various fields of society,and many types of service based on Internet technology have been derived.In the medical field,the service of mobile health which is the Internet service in the medical direction has been finally created combining with a lot of high-developed technology such as artificial intelligence and big data analysis.Although the mobile medical application platform,as the main carrier of mobile health service,have opened up a new path for the model of traditional medical service and greatly promoted the convenience of medical services,the mobile medical application platform which is still a new creation is causing many legal problems in the process of development.For example,the legal status of the mobile medical application platform has not been clearly defined legally,and the obligations or liabilities that the mobile medical application platform needs to take are not legally stipulated,resulting in the development lacking of standardization,the quality of medical service being not well guaranteed,and the high difficulty for patients protecting their legal rights.Therefore,I attempt to analyze the main problems faced by the mobile medical application platform through this paper in order to make the meager efforts for the legally standardized development of Chinese mobile medical application platform.The first part is an overview of the mobile medical application platform.This part defines the concept of mobile medical application platform,analyzes the necessity of legal regulation of mobile medical application platform,and introduces the legal regulation framework of mobile medical application platform.The second part is the legal relationships of the mobile medical application platform.This section focuses on the legal relationship between mobile medical application platform,the doctor,and the patients.And this part discusses the subjects,objects,and content of the legal relationships.The third part is the legal liability of the mobile medical application platform.This section discusses the liability for breach of contract when the mobile medical application platform fails to comply with the relevant obligations,as well as the tort liability assumed when infringing on the privacy of the patient's personal health information on the platform.The fourth part is the legal supervision of mobile medical platforms.This part compares and analyzes the legal supervision system of the United States,the European Union and China from three aspects:the main body of supervision,the model of supervision and the object of supervision.The fifth part is the legal regulation proposals for regulating our country's mobile medical application platform.This section proposes recommendations from the four aspects of legally clearing the service scope,developing special law for the patients'health information protection,clearing legal liability and improving the legal supervision system.