The Economic Analysis Of Medical Tort

The progress and social development of science and technology, changing our way of life constantly, but the sickness and death is an inescapable topic for us.In the era of network and electricity with today’s society, health is always the real in our life.The doctor to heal the wounded and rescue the dying, patient regain health, this should be a harmonious and friendly relationship, however, In recent years, the number of medical infringement cases has been expanding, intensify the doctor-patient contradiction, causing widespread concern in the community.Continuous tense doctor-patient relationship, the most direct reason is that medical tort has not been properly solved, patients think the rights and interests are harmed, didn’t get the corresponding compensation, the existing legal means and difficult to quickly get the most effective compensation, and then through violence cause social attention, point to the hospital; And hospitals and doctors because of the lack of technology itself or the lack of professional ethics, or because of the frequent violence by conservative treatment by patients, frequent makes the medical tort. The harmonious doctor-patient relationship is to build a socialist harmonious society an important part of, often caused by medical tort disputes will form the social instability.At present our country the study of medical infringement cases has been the hot spot of the law, constantly introduce new laws in order to solve this problem to become more perfect. No pure gold gold, however, traditional law theory research on this problem in the field of medical tort there are still some difficulties and bottlenecks. Traditional pay attention to the analysis and definition of law of law, and ignoring the law to the practice of the role, imputation principle and compensation system is not perfect, on the basis of existing laws in some special cases are difficult to determine, is difficult to effectively protect the victims’ rights, in addition, the form of health insurance review makes excessive medical treatment is difficult to be effectively suppressed, waste of social resources.Therefore, this paper tries to from the Angle of law and economics of medical tort imputation and analysis of the compensation principle, trying to find a economics to maximize efficiency, minimize the cost of institutional arrangements, the research has certain theoretical significance and practical significance. Its theoretical significance lies in the fact that the coase theorem, handler, formula and method of economics basic theory as the research tools such as game theory, from the perspective of cost-benefit analysis in medical tort imputation and compensation issues, on this basis, according to the particularity of medical tort on the economic theory analysis. Its practical significance lies in the fact that by using the theory of law and economics of medical tort imputation principle and compensation principle is analyzed, in order to solve the actual problem of medical tort to provide a new perspective of economics. At the same time, can to the relevant laws and regulations home and abroad from the perspective of economics, for reference, put forward the feasible policy Suggestions through improving the imputation principle and the principle of compensation system, and establishing a new type of medical liability insurance system to regulate medical tort issues.