Research On Tort Liability Of Illegal Medical Practice In China

With the increasing improvement of people’s living standards in China,the demand for health and medical services is also increasing.Therefore,the state continues to vigorously promote the reform of the medical and health system and mechanism.At the same time,it also attaches great importance to the fight against and deterrence against illegal medical practices and crimes.However,due to various reasons,illegal medical practices are still prohibited,which not only seriously disrupts the order of medical and health services It has affected the good reputation of the medical and health industry and the majority of medical workers,and also seriously infringed upon the personal rights and interests of the people such as life,health and safety.Under the reality that illegal medical practice and criminal acts still occur from time to time,what problems still exist in the practice of compensation liability for infringement of illegal medical practice,and whether there are still some defects and deficiencies in the system design of compensation liability for infringement of illegal medical practice in China’s laws,regulations and relevant judicial interpretations,need to arouse our attention and consideration.Through the in-depth analysis of the particularity of China’s tort liability for illegal medical practice,this paper discusses the shortcomings and problems of China’s tort liability for illegal medical practice,and then puts forward countermeasures and suggestions to improve China’s tort liability for illegal medical practice,in order to promote the healthy development of China’s medical and health undertakings and better protect and safeguard people’s life safety and health rights.Firstly,the article gives an overview of the tort liability for illegal medical practice,expounds the concept,situation and characteristics of illegal medical practice,the main scope of illegal medical practice,and the constitutive elements of the tort liability for illegal medical practice,compares the similarities and differences between the tort for illegal medical practice and the tort for medical damage,and analyzes and discusses the particularity of the tort liability for illegal medical practice.Secondly,starting with the deficiencies and problems existing in China’s illegal medical practice tort liability,it focuses on the unreasonable standards applicable to China’s illegal medical practice tort liability,the insufficient assumption of China’s illegal medical practice tort liability,the complex determination of the causal relationship of China’s illegal medical practice tort liability,the difficulty in realizing the spiritual damage compensation of the infringed person of China’s illegal medical practice The principle of proof and imputation of compensation liability for infringement of illegal medical practice in China is not scientific enough,the applicable procedure of compensation for infringement of illegal medical practice in China is neither perfect nor complicated,and the crackdown and punishment on illegal medical practice are not enough.Finally,the paper puts forward the countermeasures to solve the above difficulties;First,at the legislative level: clarify the unified standard of compensation liability for infringement of illegal medical practice,introduce the punitive compensation mechanism into the compensation liability for infringement of illegal medical practice,and ensure that the legitimate rights and interests of the infringed are effectively safeguarded;Second,on the judicial level: improve the distribution of burden of proof and the principle of imputation,simplify the relief procedures,and introduce the arbitration mechanism to ensure that the infringed can get convenient and efficient right relief;Third,at the level of law enforcement and compliance: continue to strengthen the supervision of the medical and health service market,use big data,information sharing systems,etc.,establish a long-term supervision mechanism for comprehensive treatment to prevent and combat illegal medical practice,and purify the people’s medical environment,so as to better meet the people’s sense of access to and satisfaction with high-quality and efficient medical and health services.