Legislative Study On Compulsory Medical Liability Insurance In Jiangsu

At present,there is an endless stream of medical disputes in China.It can even be described by "fierce tiger".The relationship between doctors and patients is facing unprecedented challenges.The complexity of medical disputes has seriously disturbed the order of medical treatment and treatment.In order to reduce the pressure caused by medical disputes,many medical institutions and doctors carry out excessive conservative treatment to the patients,which not only brings serious economic burden to the patients,but also delays the best time for the treatment of the patients,but also hinders the patient's best treatment.It hinders the innovation and development of medical technology.In order to solve this problem,the medical liability insurance system was born.The medical liability insurance system came into China in the late 80 s of last century.As a relatively new type of insurance,the coverage rate is low.At present,our country only implements the insurance in the form of local ministries and regulations and provincial and provincial policies,and lacks special legislation.Because compulsory insurance can only be stipulated by law,it is very different from the only administrative way to carry out the compulsory medical liability insurance in the pure legal level.In addition,there are some drawbacks in the administrative led mode.Throughout the world,many developed countries have legislated to enforce the medical liability insurance.It can be said that compulsory medical liability insurance has become an international legislative trend.Compulsory medical liability insurance can not only protect the interests of patients,but also play an important role in promoting social harmony and realizing public interests.The establishment of medical liability insurance is to ease the contradiction between doctors and patients,but its purpose is not unique.The construction and implementation of this system canmake medical staff get rid of heavy complaints and relieve the psychological pressure caused by medical disputes,so that they can be more relaxed in the study of medical technology and promote medical development.At present,some area in China have carried out compulsory medical liability insurance,such as Yunnan,Shanghai,Beijing,Shenzhen and other places,and many areas have begun to actively plan.In July 2017,Jiangsu Province promulgated the regulations on the prevention and treatment of medical disputes in Jiangsu,which stipulates mandatory demand for public health insurance.At present,according to the investigation of Nanjing area,the public medical institutions have realized the full coverage of medical liability insurance and the operation process is becoming more and more perfect after the government's vigorous promotion and the implementation of relevant supporting measures.But in the process of implementation,there are also some problems,such as narrow insurance coverage,single standard of premium setting and single insurance.Therefore,we still need to overcome the difficulties encountered in terms of system improvement,enforcement of compulsory legislation and risk prevention.This article is divided into four parts,the basic structure and contents are as follows:In the first part,it expounds the implementation of medical liability insurance at home and abroad,introduces the main three modes of medical liability insurance,and paves the way for the implementation of the mode of medical liability insurance in China.In addition,it compares and analyses the implementation of medical liability insurance at home and abroad from the legislative point of view,and compares the coverage of compulsory medical liability insurance between some provinces and cities in China and Jiangsu Province,and draws a conclusion that the medical liability insurance is basically in the state of legislative blank in China,and the administration at present is taken.The leading mode lacks certain compulsion,which leads to a low rate of participation in medical liability insurance.Therefore,this article suggests that we should use legislation to carried out this insurance system.In the second part,the necessity of implementing compulsory medical liability insurance system in Jiangsu province is analyzed,and the reasons for "compulsory" are expounded mainly from two aspects of legal basis and practical necessity.The legal analysis is mainly used for the purpose of the implementation of the strong insurance,that is,it can effectively relieve the victims of traffic accidents,maintain the rights and interests of the public,and thinkthat the legal basis of compulsory medical liability insurance is in accordance with the strong insurance,which is to pursue a certain social and public interest.The necessity of reality mainly explains the necessity of compulsory medical liability insurance in Jiangsu province from the functions of medical liability insurance.The third part illustrates the existing obstacles that may be encountered in Jiangsu.Through the investigation of Nanjing and Yangzhou and other places,the following obstacles are found: first,the unsound laws and regulations;two,the insurance scope is limited;three,the premium determination standard is single;four,the lack of independent and impartial appraisal institutions.The fourth part is the legislative establish of compulsory medical liability insurance in Jiangsu province.First of all,the purpose of the legislation is elaborated,which is generally summed up for the needs of a certain public interest.Secondly,it analyzes two kinds of development modes of compulsory medical liability insurance,that is,the legislative leading mode and the administrative dominant mode,and draws the suggestions of coordination of the legislative leading and administrative measures,and then analyses the choice of the organization mode.To collect the views of all the scholars and to analyze the reasonableness of these views and draw their own views.Finally,the frame design is designed.The scope of the insured,the insured and the insurer,the scope of the insurance liability and the rights and obligations of the parties are analyzed in the framework of the insurance law,the tort liability law and the relevant administrative regulations,and so on.