Research On Conflict And Resolution Of Doctor-patient Rights Under Marxist View Of Rights

Conflicts are spread all over nature and human society.Materialist dialectics holds that all things are contradictory and unified.There is no exception for rights,which shows contradictory symbiosis relation,both compatibility and conflict.In the legal world constructed with rights discourse,there are also conflicts of rights that exist as legal phenomena.The conflict of rights is a problem associated with the phenomenon of rights.The theory of rights must be used for resolution of the conflict of rights as an analytical tool.There is no doubt that the Marxist View of Rights can provide a rich theoretical resource for resolving the current conflicts between doctors and patients in China.This paper,guided by the Marxist View of Rights,seeks to analyze the causes of conflicts between doctors and patients in China and to explore the multidimensional path of conflicts between doctors and patients in China.Firstly,this paper expounds the basic connotation of Marxist View of Rights from three dimensions: the theoretical standpoint,practical rationality and humanistic implication of the Marxist classic writers’ rights view.On this basis,the paper further elaborates in contemporary China the development of Marxist View of Rights,and emphatically interprets the basic connotation of Xi Jinping’s People-centered View of Rights in the new era.Then the paper turns to describe the realistic prospect in contemporary Chinese practice of Marxist View of Rights and points out this dilemma is difficult to avoid in practice.The paper finds out its theoretical enlightenment on the resolution of rights conflicts in contemporary China through the systematic analysis of the Marxist View of Rights,including the three aspects: the causes of rights conflicts,the resolution paths and the humanistic goal.The enlightenment from these three aspects is also of great theoretical value to the conflict and resolution of doctor and patient rights in China.Based on this,the paper selects the typical case and discusses the legal basis of the conflict of doctors and patients’ rights.Then,this paper makes a comprehensive and in-depth analysis of the causes of the conflicts between doctor’s rights and patients’ rights in China,including four aspects: subject factor,rule of law factor,social factor and economic factor under the perspective of the Marxist View of Rights.Furthermore,this paper establishes the basic principle of resolving the conflict between doctors’ and patients’ rights in China,and constructs the specific system path,corresponding to the revealed causes of conflicts the above-mentioned,of resolving the conflict between doctors’ and patients’ rights around the core principle of "Cooperation between doctors and patients’ rights".The paths to resolve conflicts include the path of rule of law and the multi-dimensional path under the guidance of the Marxist View of Rights.Finally,the emergence and resolution of the conflict between doctors and patients’ rights in China reflect the success and setbacks of China’s medical and health system reform and even China’s social reform,as well as the vision and future.Conflict resolution not only requires institutional innovation,but also calls for the warmth and love between people in the process of China’s magnificent times,which was pointed out in the conclusion of the paper.