Research On The Legislation Of Medical Liability Insurance In China

Medical liability insurance originated in France,and then began to be implemented in many European and American countries.China only introduced the system in the 1980 s.After more than 30 years of development,30 years later,a medical liability insurance model based on government management has been formed.All localities have introduced medical liability insurance,hoping that insurance institutions can intervene as a neutral third party to provide a non litigation way to solve doctor-patient disputes.This can guide the treatment of medical disputes outside the medical institutions,create a good environment,ensure the normal operation of medical institutions,to ensure that injured patients can get practical compensation through insurance.However,there are still many difficulties in carrying out medical liability insurance in our country,and it once withdrew from the market.After continuous exploration,many places in China began to pilot medical liability insurance,and the way of compulsory implementation of medical liability insurance led by administration has become a model,such as Beijing,Shanghai,Guizhou and other places.At present,medical liability insurance has a high coverage in China’s non-profit medical institutions,and the implementation system has been continuously improved.Pilot areas in China,however,an analysis of the present situation of medical liability insurance legislation and facilities,we also found the medical liability insurance system in our country some of the problems existing in the legislation.First,the current legal system of medical liability insurance is not good enough,which is mainly reflected in the lack of high-level laws,the improvement of medical dispute resolution mechanism,and the medical institutions still can not get rid of medical disputes after insurance.Second,the medical liability insurance scheme is difficult to meet the demand,"the insurance cost is too high",the coverage of medical personnel is too narrow,and the types of insurance products are few.Third,the government support is insufficient.On the one hand,the enforcement of administrative orders is limited,on the other hand,the funds invested by the government are also difficult to meet the development of the medical liability insurance market.The establishment of compulsory medical liability insurance system through legislation can solve the problems encountered in the development of medical liability insurance in China to a great extent.There is a certain necessity and feasibility.This paper mainly includes four parts.The first one is about the relevant concepts and basis of medical liability insurance legislation.Defining medical damage liability as tort liability is more beneficial to the infringed.The medical personnel of medical institutions cause medical damage to patients due to negligence in the process of diagnosis,treatment and nursing.The compensation liability that medical institutions should bear is the subject of medical liability insurance.The compulsion of compulsory liability insurance is not only reflected in the compulsion of insured medical institutions,but also reflected in the compulsion of underwriting companies.Market failure theory,public interest theory and social security right provide theoretical and legal basis for the legislation of compulsory medical liability insurance in China.The second part is the most important content.Firstly,it studies the legislative background of China’s medical liability insurance pilot,combs the relevant policy documents of China’s medical liability insurance at the central level,and then makes an empirical analysis on its relevant policies,insurance implementation schemes,implementation status and effects by taking Beijing,Shanghai and Guizhou Province as typical areas of China’s medical liability insurance implementation.Based on the empirical analysis of the second chapter,the third part reflects on the legislation of medical liability insurance in China,and summarizes it as that the current legal system of medical liability insurance is not perfect,which is mainly reflected in the lack of high-level law,the improvement of medical dispute resolution mechanism,and the medical institutions still can not get rid of medical disputes after insurance;The medical liability insurance scheme is difficult to meet the demand,which are "too high insurance cost",too narrow coverage of medical personnel and few types of insurance products;The lack of government support,on the one hand,is the limited enforcement of administrative orders,on the other hand,the funds invested by the government are also difficult to meet the development of the medical liability insurance market.The fourth part based on this,advances our country need to establish a mandatory medical liability insurance system.First,this paper discusses the necessity and feasibility of the mandatory medical liability insurance legislation.It is suggested to construct the framework of medical liability compulsory system with reference to the "traffic compulsory insurance" model,specifically to make special legislation on medical liability compulsory insurance,determine the basic principles,clarify the relevant elements and strengthen the connection between "insurance" and "mediation".