A Study On The Application Of The Principle Of Reliance In Medical Malpractice

The principle of reliance refers to the principle that the perpetrator trusts others to carry out the rules of conduct,as long as the trust has a considerable degree,even if the misconduct caused by others caused harm results,the perpetrator is not responsible for this principle.The principle of reliance in the case of traffic accidents in Germany,through the scholars of the theory of induction and deduction,and gradually become a traffic accident in the establishment of a theory of negligence crime.In fact,with the development of society,social division of labor more and more fine,human production,the smooth progress of life depends on the joint members of the community.In the form of increasing co-operation today,it is not only in fact impossible,but also unnecessary,if it is required that each actor has a duty of mutual supervision for the work of others.The rapid development of society only requires everyone to have the trust of others in order to regulate their own work and life.Therefore,the "co-operation" of the society,not limited to the field of transportation,but also should include medical care,food hygiene quality supervision and so on.This article first put forward: the principle of reliance.In this part,the author introduces in detail the concept of trust principle,the theoretical basis and the history of the principle of reliance.Secondly,it examines the application of the principle of reliance in the medical accident in our country,as well as the problems it brings up when use the principle of reliance in our country.The third part of this article study the judicial practice of the principle of reliance in other countries,aiming to search inspiration and reference for application of this principle in our country.And the last part shows a detailed list of the specific principles of reliance in the case of medical malpractice in China.On the basis of investigating the characteristics of medical activities,the author puts forward the application of the principle of reliance in organizational medical activities and the application of the principle of trust between doctors and patients.Simultaneously,through summarizing the analysis of foreign precedents and domestic relevant trial practice,summed up the principle of reliacnce in medical malpractice in the application of the rules.