Study Of Chinese Medical Disputes Across The Taiwan Strait

Past few decades ago, gradually form a wave of Chinese medicine, generally begin by the world of attention and attention, particularly treatments such as acupuncture and more popular in Japan and even Europe and the United States. Given this trend, the vitality of the domestic research is the development of new kinds of higher education, the creation of the Department of Medicine, and Medicine, specifically dedicated to medical research and clinical trials. The medical malpractice cases, gradually increased each year, while worrying, is the method of dealing with the many medical disputes, and always convincing, this will result in the courts, doctors, patients and other three aspects of stress and anxiety, but will also deepen misunderstandings between doctors and patients, suspicion, and even the main reason for continued conflict. Across the Taiwan Strait with the Chinese nation, but because of the relationship between history, but today the formation of a separate cross-strait situation. However, actively promote cross-strait cultural exchanges, the people of Taiwan to the mainland to the increasing number of regional hospitals have opened, which is conducive to cross-strait exchanges in medical technology and people's health maintenance. But because of the different judicial systems across the Taiwan Strait, in case of medical malpractice, you should know how to solution.Based on the medical dispute across the Taiwan Strait of criminal responsibility in criminal law and civil law on civil liability, the legal differences between the treatment and medical disputes to be analyzed and compared to understand the cross-strait criminal and civil provisions of the similarities and differences with the spirit of the legislation to enhance the medical Understanding dispute provisions of laws and regulations on the protection of the rights of medical personnel is very important. Paper through the ancient literature and modern medical practices across the Taiwan Strait for the illegal provisions of the law compared to the mainland as Taiwan is Chinese medicine than those without such a detailed classification of such conditions and background, so the two sides of this medicine is divided between the professional categories great, but has its own rationality. In addition, the mainland still rural doctors, legislative arrangements are based on the principle of non-retroactivity of the law, these specialty physicians to accept the existing, and the consistency and equality based on the legal considerations, these specialty physicians should be phased out in future legal general practitioner In addition, the public, regardless of region or around the Urban and Rural Areas, all have a certain quality of medical care; for the future of the mainland's rural doctors recommended that more comprehensive public health system to replace that remote areas of the state to take care of the interests of public health responsibility on the distribution of economically disadvantaged rural areas to qualified physicians in public clinics to the population density to be divided into permanent or rotation in, and can be implemented to take care of the medical needs of the majority of farmers, which can meet China "Constitution. "Based on the June 29,1987 the State Council has promulgated the "medical approach" and the criminal penalties for health care in Taiwan is at fault, the main form for the professional negligence resulted in death and professional negligence of assault compared to other two types. The definition of medical malpractice, physician practice management and medical malpractice criminal law has done a comparative technical evaluation. That:1. Moderately reduce crime, the criminal medical negligence:Taiwan is scheduled to criminal law, the degree of severity of the fault committed, and not ordinary negligence and gross negligence in the classification rules. So as long as been identified as at fault, there are penalties for negligence expressly provided, and in accordance with circumstances of a crime, they can set up fault committed. Criminal negligence in the medical part, is no exception. As long as medically negligent victims to medical negligence should be set up crime. Taiwan should not adopt the common law, for the crime, including medical malpractice, criminal negligence is limited to gross negligence, including crime, criminal liability only. Or refer to the laws of Taiwan more advanced than the country's criminal law in China:health care workers, only because of serious criminal liability provisions of irresponsible, as part of Taiwan's Criminal Law Amendment Act of this important reference.In two cases of medical disputes, differences across the Taiwan Straits Chinese civil compare, draw:1. Taiwan, the basic types of criminal medical negligence applies section 276 of the Penal Code, Article 284, despite its advantages, but still must refer to the Criminal Law Amendment limited to the motherland and the crime of negligent injuries resulted in death two major types of fault, the economy and reduce the criminal proceedings in order to Responsibility to achieve the "concise and easy to easy to know, "the ideal requirements.2. similar to the mainland of Taiwan need to develop a special law Regulations of Medical Malpractice:As time continued the continent's economic and social development, the Government actively building a socialist market economy system, legal system, improving, the legal concept of the people is also growing, what happened in the medical practice of some medical terms identification, processing, and understanding differences and disputes, the original approach can not meet the medical needs of the new situation. In view of this, the State Council executive meeting on February 20,2002 55th session adopted a new formulation of the "Regulations of Medical Malpractice" to the PRC State Council Order No.351 announced the promulgation of the new "Regulations on Handling Medical Malpractice "and in September 1,2002 shall come into force.3. Continental obligations related to medical malpractice tort law provides for a more in-depth:Taiwan Civil Code has provisions on the debt of all articles will be general civil type of contract to be a common legal system to apply a variety of different contract characteristics, Taiwan need to amend the law to learn the mainland to set a chapter.4. mainland Act vernacular language rather shallow and easy to understand, it is legal reform as a reference for Taiwan's future:Vernacular language rather continental law, light and easy to understand legal terms of Taiwan should be simplified. Such as the July 1,2010 effective as of "Tort Liability Act, " Chapter 7, medical malpractice liability Law fifty-four provides as follows:"Patients with damage in the treatment activities, medical institutions and medical staff are at fault By the medical institutions liable for compensation. " in Taiwan seventeen Civil Code provides that:" the injury occurred or the expansion of victims and those at fault, the court may reduce the amount of compensation, or waive it. "Therefore, Taiwan law Lean and classical language, the general who is not a law school is not easy to understand since, for the promotion of law and the people's awareness, popularization of the mainland legal language is more worthy of legal reform as a reference for Taiwan's future.5. Taiwan the necessary amendments on criminal law:Taiwan aspects of the application of criminal liability for medical negligence, from the criminal law amendment stipulated in the Criminal negligence tertiary medical business section, and remove the criminal liability of medical professional negligence minor injuries, leaving only the negligence of health care services to death punishment to five years The following amendments to the following three years, and medical professional negligence cause severe injury crime revised the mandatory three years to one year to correspond to the special nature of medical practice.6. Taiwan should be amended to identify the system of medical malpractice:Taiwan has only set the current medical malpractice system-level identification, it can only sue for commission against identification identification authorities to provide the Department of Health reference. Identification system for medical malpractice future amendments to the Criminal Procedure Law stipulates that use of the "increased identification of people ", "be identified", "review of identification of another person", but they can be modeled on the road divided into "identified"and"reconsideration "Secondary system, states:" medical malpractice cases, the Department of Health or designated by the respective authorities to establish Medical Dispute Review Committee and the identification of medical disputes, the Commission proposed, for identification and review of medical disputes, matters arising "in order to be more perfect.Amended as soon as possible future identification system of medical disputes, it should train more doctors, law physicians, specialist physicians and other medical personnel involved in the identification of medical disputes and for reconsideration. Should also be encouraged to read more medical personnel laws, more laws were read medicine, and participate in the identification of medical disputes, and amended the law. This may sound identification system and improve the identification results.7. implementation of the medical malpractice insurance system:Private physicians or dentists in Taiwan are numerous cases, the implementation of compulsory health insurance or set up an insurance co-operatives are feasible; the mainland because the majority of public hospitals, and medical personnel arising from medical malpractice, the liability borne by the hospital, compared with no medical Insurance, but hospitals in the individual business, there have been a growing trend, the insurance still has its practical needs, the implementation of compulsory insurance system or the more feasible.8. Across the Taiwan Strait on the requirements of the burden of proof:Medical Taiwan can learn from the mainland legal system, the amendment of the Department, such as burden of proof. Taiwan has the burden of proof required by the patient, preferably as amended to the provisions of the mainland, by a physician or hospital burden of proof. Because patients are no medical knowledge, if the burden of proof by the patient, often at a disadvantage.10. future cross-strait dispute resolution mechanism for handling health care:The future cross-strait dispute resolution mechanism for handling health care, more commercial arbitration, involving counterfeit drugs, drug patents, in order to detached neutral, impartial body set up in Hong Kong, Macau or Singapore to set up an arbitration body to resolve disputes.Hope to achieve all the requirements of cross-strait out its not keep the advantage of the shortcomings, to choose their strengths make up for lack of place, modify the decree to serve as the future of medical disputes across the Taiwan Strait and Taiwan.