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Identified in medical tort liability risk allocation research

Author: WangHongZuo
Tutor: HouJian
School: Fudan University
Course: Legal
Keywords: Medical tort Risk allocation Tort Liability Act
CLC: D922.16
Type: Master's thesis
Year: 2011
Downloads: 152
Quote: 1
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Abstract


Tort Law in the People's Republic of China is specialized settings Chapter VII \Medical tort old problem of the \From the \German sociologist Ulrich Beck's risk society theory for people to study the social and legal issues to provide a new perspective, as well as the evaluation of the reasonableness of the system to provide a standard reference value. This paper attempts from the risk of social theory, deals with the problem of risk allocation identified in medical tort liability. And based on the understanding of the provisions of Chapter VII of the Tort Liability Act \The settlement of the dispute type reference. This paper is divided into three chapters: Chapter from modern medical risk society cut problem, starting from the risk of social theory expounded the importance of risk awareness for all kinds of occupations of modern society, and how reasonable allocation of risk from the system to defuse or reduce the significance of the risk. The basic characteristics, and on this basis, combined with medical tort discusses the role and significance of modern medical tort liability identified reasonable allocation of risk. The second chapter analyzes the current medical tort liability identified the risk allocation process, the history of the provisions of relevant legislation. Chapter VII of the controversy-making process which involves the \And a detailed analysis of the risk allocation principles embodied in the main legal framework to the current tort liability under Chapter VII of the Act. The third chapter is about the rationality of risk allocation in the process of recognition of medical tort liability analysis, and put forward some suggestions for improvement of the author's existing law. Through in-depth analysis in order to improve the legal and properly solve the medical tort disputes since a certain role in the theory of reference.

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