Research Of Law Gaps In Medical Health Field Of China

Nowadays,with the reform of medical health system deepening continually, diversification of organized medical model formed initially, to some extent,not only alleviates difficult problems of peoples'mass medical treatment and promotes development of medical health services in China , but also brings new challenges to medical health enforcement, law gaps of medical health field being increasingly prominent.In the medical health field, limity of legislators'cognitive ability , complexity of social relations and abstract, universality, generality of legal norms, etc., make the law gaps inevitable . There are three major types of laws gaps in the law of medical health field in China,they are law item gap,stipulation gap and conflict gap,which hinders the smooth development of health law practices and has a bad effect on medical service market,including five aspects. 1. It can make the cost of some illegal behaviors tend to zero.2. It can make a increase of health law practice cost. 3. It can make the authority of health laws in doubt. 4 It can affect the credibility of health law practices. 5. It has a bad effect on medical service market.In response to these problems, it is essential for government departments to conduct in-depth studys and to make up for the law gaps of medical health field through paying attention to the quality of legislation,the timely establishing, changing, abolishing, strengthening and perfecting the interpretation system of current medical health law, establishing the case system with Chinese characteristics, implementing an effective analogy system, etc, and to provide a strong legal protection to medical health enforcement.