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Study on Our Malpractice Liability Issues

Author: ZhuXiaoMei
Tutor: XuXiao
School: Jilin University
Course: Legal
Keywords: Medical Injury Changes Interest System Reform
CLC: D923
Type: Master's thesis
Year: 2013
Downloads: 70
Quote: 0
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Abstract


The tort liability Act enacted in December2009made some new rules onmedical liability issues. On problems of the current medical liability system in Chinafor in-depth analysis and comb is particularly important. At the same time, highlightsthe problems of the current medical liability system in China has led to innovationsand changes in medical liability system in China in response to the irregularity ofintegrity and morals fall China’s social transformation as well as meet the patient trust,and many other areas face a number of challenges. Risks in modern society, tostrengthen the pluralistic governance risks the medical liability system and improvingthe medical liability system multi-relief mechanism, foster a consciousnessconsciously maintain medical liability system to protect important, medical liabilitysystem at the same time meet the main effective start on the relief mechanism againstrelief programs, maintaining the lawful rights and interests of the injured patients.Reforming and perfecting China’s medical liability system has a strong theoreticalbasis. This article is based on the current medical liability system in China: problems,starting with the theoretical basis of medical liability reform, combs and to proposereform the medical liability system in our country’s basic ideas and ideas for reform.At the moment due to medical liability system in China and in the process of gradualreform, should not be too radical, should be "balanced coordination" position andapproach to consolidation, balance and address the medical liability system affectedpatients ’ interests conflict with the interests of medical institutions. Perfect the law ontort liability of medical damage liability of legal provisions and the relevantprovisions of the General civil law code, eliminating medical liability system oflegislation in the field of questions. While through local of wealth wisdom sexual andpolicy sexual of system arrangements as to avoid, and resolve or weakening multimain Zhijian of interests contradictions and conflict, guarantees social medicalactivities of security; on the, to according to medical damage responsibility systempractice, and law enforcement and justice experience, refined out medical damageresponsibility system of essence and to this to promoting my now medical damage responsibility system of perfect, turn for my throughout infringement responsibilitylegal system of perfect provides a has strong explained force of theory interpretive.Medical liability system requires thinking of the rule of law and the system’s multipleperspectives that if injured patients and the patients involved in settlement of theliability for medical damage compensation, medical liability system is able toeffectively prevent and stop potential medical liability type of nasty things, then itwill become an efficient institutional arrangements. Legalization of medical liabilitysystem should be to build a unified system of liability for damage of the healing,speed up the construction of legal system in the field of medical liability,strengthening of medical liability laws and regulations binding of the Executivepower, and its associated regime, judicial civil compensation must also be fullyfunctional.

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CLC: > Political, legal > Legal > Chinese law > China and France
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