Study On The System Of Compensation For Medical Damage In China

instantly,China has been in a tense situation of medical and patient relations,and it has become more and more intense.From a legal point of view,the great development of China's law from the founding of the PRC to today.From 1990 s to the beginning of the 20 th century,the legal system was established and perfected,and the laws regulating the medical behavior were promulgated and amended.Although the relevant legislation is more and more complete,the tension of the doctor-patient relationship has not been truly relieved.Now,with the increase of media exposure and the enhancement of people's awareness of rights protection,legislators,law enforcers,judicature and the whole society pay much attention to this.First,the present situation of medical damage compensation system in China is analyzed from the form of liability for tort liability,the principle of compensation,the subject and scope of compensation.The relevant legislation of the medical damage compensation system in China is combed,and the law of tort liability is used as the division node.Before the promulgation of the Tort Liability Act,the Medical Malpractice handling method and the Medical Malpractice handling Ordinance,which are the main basis for handling medical tort cases,were analyzed,and the defects in their application were found.The promulgation of "tort liability" has made up for these defects.This article affirms the achievements of Tort Liability Act,and also finds the limitation of tort liability law.On this basis,the existing problems of medical damage compensation system in China are analyzed,and the problems of medical evaluation,medical damage compensation and medical risk sharing are pointed out respectively.The improvement of the medical damage compensation system is the key part of this article.First of all,through a unified authentication institution management relationship,the reform of medical appraisal implementation procedures,the establishment of unified medical identification principle of three aspects of the implementation of the medical identification system "unified";to cause the rules to determine the amount of compensation for medical damage,and appropriate restrictions on the amount of compensation for the compulsory medical liability;this paper proposes a method of establishing medical damage sharing the mechanism of the two aspects of insurance and physician duty liability insurance.Finally,the future development of China's medical damage compensation system is explored.Pointing out the shortcomings of our existing mode of payment of medical damages,discusses the practical significance of promoting the regular payment of medical damage compensation mode;on the current medical damage compensation settlement mechanism are analyzed,for the establishment of medical arbitration mechanism is discussed;and on the third party charity compensation in advance mechanism,is an idea of the author,I hope it can play a role.