An Analysis Of The Constituent Elements Of Medical Ethical Tort Liability

At present,the study of constitutive elements of the liability of medical ethical tort is staying in the traditional plane four elements.I want to get rid of the inherent flat structure path,introduce the three-class structure of Germany tort law to explore the components of liability of medical ethical tort.Discussing the elements of responsibility in order to determine whether the medical institutions need to take responsibility of medical ethical tort and the range of the responsibility they have to bear.It can balance the conflicts between hospitals' inherent rights and patients' rights and interests to ease doctor-patient contradiction.German interests jurisprudence regards ‘balance of interests' as the core of law.They think the task of legislation and justice is to control the conflicts of interests.This paper tries to find valuable guidance thoughts and analysis methods for our China's medical ethical tort with the theory of ‘balance of interests'.The first part of the text is the basic theory of the essay.This part begins with discussing the concept of liability of medical ethical tort directly,summarizing the characteristics of liability of medical ethical tort and pointing out that it is different from the characteristics of medical ethical tort liability and medical product tort liability.This part introduces the ‘ethical' embodiment of the responsibility of medical ethics tort.Then put forward the internal logic of medical ethical tort liability,it is the theory of ‘balance of interests '.This paper illustrates the law apply of ‘balance of interests '.Based on this,the paper introduces the logical framework of this paper,it is the three-class theory of constitutive elements.The text elaborates its theoretical sources and advantages,and the application of three-class theory in my text.The second part analyzes conformity in the theory of three-class for medical ethical tort liability combined with specific cases analysis in detail,so as to make the factual identification of all elements in the conformity of medical ethical tort liability.Clearing the types of medical ethical tort liability,the range of medical ethical damage as well as the correlation theories of causal relationship betweenmedical ethical violations and medical ethical damages of our country currently.The text points out the defects of the theory of causality and the measures to improve it.The third part is mainly about illegality and responsibility of medical ethical tort and the distinction of illegality and responsibility is also the key of three-class structure.Illegality and responsibility are although both parts of the value judgment of constitutive requirements,but they have different values and judgment standards,judging the legal legitimacy and social legitimacy of medical behavior in different objective standards.The distinction not only involves the structure of theoretical system of tort law,but also related to the correct use of law and the right cognizance of responsibility.