Research On The Medical Damage Liability Imputation Principle In China

In recent years,the reports of the tensions between doctors and patients are frequently reported in newspapers.Actually,the obstructed solution channel is hidden behind the sharp contradiction between doctors and patients.However,the deeper reason lies in the imperfect medical dispute resolution mechanism.Tort Liability Law implemented in 2010 adopts a new principle of liability fixation for medical damage.Unfortunately,due to the limitations of legislation,Tort Liability Law does not make clear the principle of liability fixation applicable to medical damage.There are different views on the principle of liability fixation for medical damage stipulated in Tort Liability Law in the theoretical circle.The debate among scholars who hold different views has never stopped for a moment in the seven years since the compilation and implementation of this law.Different theories guide different judicial practices.The divergent principle of liability fixation in medical naturally leads to the confusion of law application in the trial of medical damage cases.This paper reclassifies the liability for medical damage.Based on this new classification,some suggestions on Chinese liability system of medical damage are put forward.Through the investigation on the medical damage liability system in two major foreign law systems,the author further points out the shortcomings of Chinese relevant system,and advises to establish mitigation system of medical damage burden of proof and uniform medical identification system,expecting to perfect the principle of liability fixation in medical damage and fundamentally ease the tension between doctors and patients in China.