| The innovation of Internet technology and the development of mobile products have brought new life to many traditional industries,ushered in a new mode of online platform supported by Internet technology and supported by mobile software.In the medical field,more Internet companies,in order to gain market share in the medical and health board,have promoted medical treatment by using advanced technologies such as cloud technology,big data and Internet of things Industrial innovation of health industry.China’s medical resources are affected by the imbalance of regional economic development.Medical resources gather in the economically developed areas.The medical resources in the economically underdeveloped areas are relatively backward.The uneven distribution of medical resources has existed for a long time in China.Mobile medical service solves the problem of uneven allocation of medical resources,but because mobile medical service is a new thing,the regulation of mobile medical service mode in China’s law is imperfect,the rights and responsibilities of mobile medical service platform are difficult to be clear and the legal nature is vague,which lays a foreshadowing for the possible mobile medical tort damage disputes.In the 2019 data statistics,mobile medical products account for 44.5% of the market share in the Internet plus medical health field.This paper selects the mobile medical service platform with high user penetration and high user penetration rate and a large proportion of the market share.Because it can make mobile users ignore the difference of regional time,the characteristics of online direct diagnosis of diseases and get diagnostic opinions are loved by the majority of users.Although its product scale is constantly expanded under the promotion of favorable policies and large market demand,the legal relationship of all parties involved in the platform system is unclear and the legal status of the platform itself is difficult to be determined due to the mixed advantages and disadvantages of the service providers of the consultation mobile medical service platform or the excessive commercial hype.From the perspective of combination of theory and practice,this paper discusses and explores the legal status of inquiry mobile medical service platform in detail from four parts,in order to find a way that can be used for reference to the future development mode of inquiry mobile medical service platform,so as to make the mobile medical mode enter a more active and healthy track.From the perspective of combination of theory and practice,this paper discusses and explores the legal status of inquiry mobilemedical service platform in detail from four parts,in order to find a way that can be used for reference to the future development mode of inquiry mobile medical service platform,so as to make the mobile medical mode enter a more active and healthy track.The first part describes the related concepts of mobile medical service,defines the concepts related to mobile medical service,focuses on clarifying the concept of mobile medical service platform for consultation,and analyzes and discusses the health consultation and diagnosis and treatment behavior of TCM students on the platform.The purpose is to clarify the service nature of the products provided by the mobile medical service platform for consultation,and for the following discussion On the legal status of the platform.In addition,the paper analyzes three representative operation modes of inquiry mobile medical service platform,and finds out the legal risks of each mode.The second part mainly discusses the current practice in our country,focusing on the legal status of the inquiry mobile medical service platform and the disputes arising from the mobile medical disputes,analyzes the views of different theories on the discussion of the nature of the platform,analyzes the advantages and one sidedness of different views,and puts forward their own suggestions for the defects.The third part focuses on the analysis of the legal relationship of the inquiry mobile medical service platform.This paper introduces the parties involved,expounds the rights and obligations of the parties,and focuses on the analysis of the legal relationship between the parties,such as the nature of the doctor’s providing behavior,the legal relationship between the platform and the doctor.The fourth part is to prove that the inquiry medical service platform meets the needs of medical institutions.Mainly from three aspects to analyze and discuss,the first is the legitimacy of the inquiry platform as a medical institution to meet the conditions for the establishment of medical institutions.Second,prove that the mobile medical service platform of inquiry has independent civil subject qualification.Third,the analysis of the services provided by the mobile medical service platform belongs to the scope of comprehensive medical and health supervision. |
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