| In recent years, with the economic development, our country’s medical career hasmade unprecedented achievements. However, medical disputes get more and moreand the compensation gets higher and higher. Due to the medical liability insurancesystem in China is still in initial stage, and the liability insurance is general on avoluntary basis, its running is failure to live up to the expectations. Inspecting thecurrent situation of medical liability insurance of China and the effect of explore thecompulsory medical liability insurance experimental unit, learning the compulsorymedical liability insurance system from foreign experiences discussing the necessityof the compulsorilization of medical liability insurance, and based on the sufficientstudy of medical compulsory liability insurance, to explore that which health caresystem of compulsory medical liability insurance is the most suitable for China.Therefore, it should implement specific legislation, plan as a whole, for spreading andcarrying out the system of compulsory medical liability insurance.The full text is divided into five parts.The first part:"The basic theories of medical liability insurance".Firstly,fromthe meaning, history of the medical liability insurance. Pointing out thecharacteristics of medical liability insurance system.The second chapter expounds value and function of the medical liabilityinsurance system, which can greatly cover the shortage of the current Medicalcompensation system, and reduce the medical disputes between doctors and patients,it also can alleviate the social contradiction.The third part:"Comparative analysis of domestic and foreign legal system ofmedical liability insurance.†By comparing the different medical liability insurancesystems of United States of America，Japan，Germany and Switzerland，we learntheir advantages and redeeming feature, According to our country’s medical systemsuch as economic conditions put forward to optimize the medical methods andmeasures of compulsory liability insurance in our country.The fourth chapter indicates a legal analysis of the medical liability insurancesystem. The chapter contains two aspects, one clarifies the subject of the medicalliability insurance, which including the insurant, insurer and the insured, the other one clarifies the limitation of liability of the medical liability insurance.The fifth part:the medical liability insurance for our country’s existence raisedquestions of medical liability insurance to improve our country a number ofrecommendations,including:the legislative basis of the medical liability insurance,the medical liability insurance, mode selection, and improve the design of mandatoryhealth liability insurance system. |
