A Research On The Legal Nature Of Medicine-Patient Relationship

"A research on the legal nature of medicine-patient relationship"is a dissertation submitted to Southeast University for the academic degree of master of School of Law, it is written by OU Yun-xiang, and supervised by Professor YE Shu-li.In recent years, there exists a dramatic academic contest on the legal nature of medicine-patient relationship. Nowadays, most legal scholars agree that medicine-patient relationship ought to be ascribed to civil legal relationship, and the legislative promulgate a series of regulations to settle medical disputes.However, such a civil legal remedy mechanism incurs many criticisms, and medical disputes take on bad trend. The author disagrees with the present prevailing doctrine that medicine-patient relationship is attributed to civil legal relationship. After analyzing the legal nature of medicine-patient relationship, the author contends that medical institution ought to be ascribed to public building body. Correspondingly, medicine-patient relationship is a typical using relationship of public building body. Based on this doctrine, medicine-patient relationship should be divided into voluntary using and compulsory using, in which voluntary using ought to be provided civil legal remedy, and compulsory using ought to settle by means of public legal remedy.