Civil Law Regulation Of Internet Medical In China

For a long time,the short board of the development of medical and health industry in China is very obvious,the high quality medical resources are too concentrated in the developed areas,and the problem of "difficult to see a doctor" is very prominent.In order to effectively solve this "stubborn disease ",in recent years,the state has issued a series of policies to encourage the development of Internet medical,the emergence of Internet diagnosis and treatment,Internet hospitals,telemedicine and other new medical service models.With the rapid development of Internet medical,its legal problems are becoming more and more prominent.The healthy and orderly development of Internet medical must be supported by complete legal regulation.To this end,China has adopted three means of civil law regulation,administrative law regulation and criminal law regulation to adjust the legal relationship involved in Internet medical,and to protect the subjects from different dimensions.Among them,civil law regulation is the most important means of adjustment,because the basic legal relationship of Internet medical is the contract relationship of Internet medical service in civil legal relationship.However,the current civil law regulation of Internet medical in China is carried out within the original civil law framework,facing certain difficulties in the application of the law,failure to effectively address emerging new civil law issues,there are still many legal provisions to be improved.Based on the basic legal relationship of internet medical--the contract relationship of internet medical service,this paper discusses the problems existing in the civil law regulation of internet medical in china,and analyzes the countermeasures to perfect the civil law regulation of internet medical.The text is divided into four parts:The first part is an overview of Internet medical in China.First of all,introduce the concept,types and characteristics of Internet medical,and reflect the differences between it and traditional medical.Secondly,the basic legal relationship of Internet medical in China is the contract relationship of Internet medical service in civil legalrelationship.At the same time,the characteristics of the civil legal relationship of Internet medical are summarized from five angles: subject,object,content,form of contract and autonomy of will.Finally,this paper focuses on the necessity and feasibility of civil law regulation of Internet medical in China.The second part is to analyze the problems existing in the civil law regulation of Internet medical in China,and analyze in detail the problems existing in three aspects:the conclusion of Internet medical service contract,the online performance of Internet medical service contract,and the civil law relief system of Internet medical damage liability.The third part is the comparison of the extraterritorial law of Internet medical civil law regulation.Through the investigation of the relevant provisions of the civil law regulation of Internet medical in other countries,this paper summarizes the useful experience that can be used for reference in the civil law regulation of Internet medical in China,and consummates the civil law regulation of Internet medical in China.The fourth part is to perfect our country’s Internet medical civil law regulation thought.This part is aimed at the Internet medical service contract conclusion,the Internet medical service contract on-line performance,the Internet medical treatment damage civil law relief system exists the question,proposed conforms to our country existing law stipulation concrete suggestion.