The Study Of China's Mandatory Medical Malpractice Insurance System

China's medical industry has developed rapidly with economic development. At the same time, some contradiction arising in such a sensitive period. Increasing medical dispute and the deteriorating doctor-patient relationship has become a prominent characteristic of the very transition period.With social progressing, the awareness of human rights, there is an obvious upward trend about number of medical malpractice payment , the amount of compensation is also increased significantly. In September 1, 2002, China's new "Regulations of Malpractice" publication is a major move to deal with medical malpractice, especially Major reforms on litigation system and the standard of compensation improved, so the medical staffs face the risk increased significantly.Facing the frequently occurrence of medical disputes, increasing the amount of compensation, the Government introduced a number of policies to resolve the problem. the medical malpractice insurance is a major move. At present in some cities have launched medical malpractice insurance and achieved some results. In Shenzhen municipal , under the principle of "risk sharing", State-owned non-profit medical institutions are required to attend the mandatory medical malpractice insurance, while other medical institutions should also join in gradually.In the process of promote medical malpractice insurance, The government wishes to have a "win-win" model: under the government promote and the participation of insurance companies, which bear the medical malpractice insurance underwriting and claim service, so medical institutions can carried out of medical dispute .From early 2000, the first development of medical malpractice insurance, there have been eight years now, although the medical malpractice insurance and other liability insurance have advantages, such as third-party liability compensation, social management function. The reality and the ideal always has a gap , medical malpractice insurance in China has proved it. The hospital: medical malpractice insurance can't take them out of trouble because of the limited coverage, which also did not resolve the tension doctor-patient relationship, patients and hospitals are still struggled.The insurance companies : medical malpractice insurance may has a brightly future in china , which also contain great risk, if the insurance companies don't have enough technical support added to the insured don't have enough interesting, They are reluctant to increase investment on this market, so the both sides are still have a deadlock.In June 21, 2007, the China Insurance Regulatory Commission, the Ministry of Health and the State Administration of Traditional Chinese Medicine jointly issued "to promote medical malpractice insurance issues ": the biggest theme is to inform all departments must follow the spirit of the notice.Including the United States, many western nations had build the medical malpractice insurance system,China want to follow the U.S. medical malpractice insurance system, while very few papers review how the mandatory medical malpractice insurance in the United States works, and the USA mandatory medical malpractice insurance characteristics and achievements, so the paper tried to find a way in the developing of medical malpractice insurance in China through the international experience, the paper is divided into the following sections:Partâ… This chapter will descript the china medical market and analysis the characteristics of China's health care system, the relationship between hospitals and state,doctors and hospitals, then point out the causes of medical disputes, Chinese medical malpractice insurance market and the theory of mandatory medical malpractice insurance.Partâ…¡On the basis of the first chapter, this chapter will introduce which factor can restrict the development of medical malpractice insurance. What difficulties the china facing on the establishment of mandatory medical malpractice insurance. The special nature of the medical market, legal environment and other aspect and try to find the best way on developing our medical malpractice insurance.Partâ…¢This partial is based on the U.S. medical malpractice insurance experience, mainly Introduce the U.S. health care system, the relationship between hospitals and Nationals,doctors and hospitals, the reason why the medical malpractice insurance in United States can carried out Successfully , and the characteristic of multi-level medical malpractice insurance market structure, the U.S. medical malpractice insurance crisis, and the Government role in resolving the crisis.Part IV, This chapter we want to find a way on how we cultivate the medical malpractice insurance in china.1. How to fundamentally solve the medical dispute.2. How to restructure market which can meet medical malpractice insurance demand.3. Which the responsibility the government should take.