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Research Of Civil Legal Liability For Telemedicine Disputes

Posted on:2021-01-07Degree:MasterType:Thesis
Country:ChinaCandidate:Y J XuFull Text:PDF
GTID:2416330626961229Subject:Law and law
Abstract/Summary:PDF Full Text Request
The rapid development of information technology has brought unprecedented changes to the traditional industry,and personal life has been deeply affected by the network.In the field of medical care,communication and high-tech continue to try to explore their own new value.Professionals in the medical care industry are using the Internet to provide patients a new way of medical services-telemedicine mode.Telemedicine builds an invisible bridge between patients and doctors.It breaks through the limitation of modern medicine in space,and has the characteristics of cross contract and cross region.However,as a new medical model in China,telemedicine involves many legal subjects and complicated legal relations.There is no clear legislative regulation on infringement disputes.This paper attempts to start from the legal responsibility of telemedicine,to clarify the legal status of the parties in telemedicine disputes and the legal relationship between them,and hoping to provide theoretical reference for clarifying and regulating the legal responsibility of the parties.The article is mainly divided into four parts to elaborate the relevant issues of civil legal liability of telemedicine disputes.The first part is an overview of telemedicine.First of all,this part defines the concept of telemedicine,and discusses the legal relationship between different subjects by defining the relevant legal subjects involved in telemedicine,so as to establish the basis for clarifying the rights and responsibilities of the parties;And then,analyzing the characteristics of the legal responsibilities of the subjects in telemedicine disputes.The second part describes the practical problems of telemedicine in China.This chapter analyzes the deficiencies of telemedicine in our country from three aspects of legislation and administration,which will lay the foundation for the following article.The third part mainly introduces the system experience and reference of civil liability of telemedicine in foreign countries.This chapter focuses on the development of telemedicine in the United States and Japan,starting from the aspects of legislation,administration and relief system,to provide reference for experience reference and the improvement ofrelevant systems in China.The fourth chapter is the suggestions to improve the civil liability of telemedicine in China.Combined with the relevant research and foreign experience of domestic scholars.In view of the problems raised in the second chapter,suggestions are provided to improve the civil legal liability of telemedicine in China.In response to the previous article,this chapter is divided into three parts from the perspective of prevention measures,in-process control measures and post relief measures.It provides practical suggestions for the civil legal liability and dispute resolution in telemedicine in China.
Keywords/Search Tags:telemedicine, civil subject, civil legal relationship, legal liability
PDF Full Text Request
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