Research On The Liability System Of Medical Damage In China

In recent years, contradiction between doctors and patients becomes even more violent. It is difficult to solve the doctor-patient disputes, which makes the research on the liability of medical damage more significant. At present, the liability system of medical damage is no longer simply the content of the legal system, but also rose to the hot issue of the whole society. In view of the special nature of the medical profession, there are many differences between medical damage behaviors and general torts. Although the Tort Liability Law of the People’s Republic of China provides relevant content about the liability system of medical damage in chapter, it still can not completely solve the medical dispute, and medical tort litigation still has not been fair judged. We intend to provide a certain reference value for the construction of a good doctor-patient relationship through the study on the liability system of medical damage in our country.This thesis is a research on the medical liability system in the perspective of Tort Liability Law. First of all, this thesis expounds the background, purpose, significance and current situation of the liability system of medical damage. In order to provide a good environment support for the study of this system, it analyzes the legal environment and social environment of the system. Secondly, it discusses some related theory of the liability system of medical damage from the principle of responsibility, responsibility and commitment, and then finds out the problems existing in this system, which provides a good theoretical support for the improvement of the system. Thirdly, it analyzes the contents of the liability system of medical damage in related foreign countries, and then draws lessons from it, which provides a reference for the liability system of medical damage in our country. Finally, based on the drawing of foreign experiences and the considering of the special circumstances in our country, this paper puts forward the corresponding solutions for the problems of China’s medical liability system, and puts forward a deeper level of planning for the construction of perfect medical liability system in our country.The relationship between doctors and patients is just one of the many relationships in the whole society, but the intense and violent conflicts between doctors and patients have seriously affected the harmony and stability of the whole society. The study of the liability system of medical damage can not only provide a theoretical support for resolving medical disputes and reconciling the relationship between doctors and patients, but also provide a good legal support for the final realization of the harmony and stability of the whole society. For this, we need not only to strengthen the theoretical study of the system, but also to link the theory with practice, so that the research results can better serve the people.