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The Perfection Of Doctors' Multi-point Practiceof Tort Liability System

Posted on:2020-02-12Degree:MasterType:Thesis
Country:ChinaCandidate:Y H GuFull Text:PDF
GTID:2416330623459411Subject:Law
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As one of the important contents of China's medical system reform,doctors' multi-point practice can promote the free and reasonable flow of medical talents in different regions and different medical structures,which has a greater effect on the improvement of medical resource allocation efficiency in China.At present,many provinces and regions in China have actively explored doctors to practice more,and have formulated corresponding local laws and regulations,but the effect is not obvious.Since doctors practice more practice involving more legal relationships and legal issues,once medical malpractices and medical disputes occur,it is a more difficult problem to pursue the infringement liability of doctors for practicing more.At present,each pilot has great deficiencies in the response to this problem.There is an obvious lack of construction of the doctor's multi-point practice tort liability system,which is not only conducive to the protection of patients' rights and interests,but also hinders the promotion of doctors' multi-point practice.Therefore,the thesis chooses the doctor's multi-point practice tort liability system as the research object,aiming to analyze the current problems in the construction and existence of the system in China.The paper mainly uses the methods of literature,case analysis and comparative research to define the concept,characteristics and types of physicians' multi-point practice,and deeply analyzes the status quo and problems of the current doctors' multi-point practice tort liability system in China.Perfect suggestions.The full text is divided into four parts: The first chapter,the concept and form of doctors' multi-point practice,defines the doctor's multi-point practice tort liability system,and clarifies the research focus.The second chapter is about the status quo and problems of the tort liability system of Chinese doctors practicing more.From the legal relationship between multi-point practitioners and multiple hospitals,the hospital as the nominal person first to bear the medical damage liability of the patient,the multi-point practitioner and the hospital to analyze the internal distribution of medical damage liability,etc.This paper analyzes the problems existing in China's doctors' multi-point practice tort liability system.The third chapter analyzes the legislation of domestic and foreign doctors' multi-point practice tort liability system,analyzes the legislative status of various provinces and cities in China,analyzes the legislative status of Zhejiang Province,and analyzes the foreign countries.The legislation on the multi-point practice tort liability system summarizes the useful experience for China;the fourth chapter is to improve the recommendations of the Chinese doctors' multi-point practice tort liability system.The paper concludes that the doctor's practice is full of risks,and medical negligence is also difficult to avoid.However,there are many problems in the doctor's multi-point practice tort liability system,and it is necessary to further clarify the external subject of multiple points of tort liability.To take responsibility for compensation,and to recover from physicians;further clarify the distribution of internal responsibility of multi-point practitioners and hospitals,reduce the proportion of responsibility of multi-point practitioners;improve the dispute resolution mechanism for doctors to practice more,especially to give full play to health administrative agencies The mediation role,the establishment of a third-party mediation mechanism,and the implementation of compulsory medical liability insurance for doctors to practice more,the combination of third-party mediation and compulsory medical liability insurance to better protect the rights and interests of patients.
Keywords/Search Tags:Multi-point practice, tort liability, Civil Liabilities
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