Earticle

초록

영어

In accordance with economic development in 1990s, the number of medical disputes in China has been increased. In order to resolve this problem, China stipulated Administrative Measures for Handling Medical Malpractice(herein after the Measures) in 1989, which has been developed into specific regulation, named Article 7 ‘Liability for Medical Malpractice’ under Tort Law in 2009. In the past, there was a problem relating to the application of law stemmed from dual application between General Principle of Civil Law and the Measures that is to say law and administrative regulation. However, with the legislation of Tort Law, China could establish the opportunity not only to resolve the dual application problem, but also to secure the protection of Chinese nations’ health. Thus, the following paper investigates the liability for medical malpractice under Chinese Tort Law. In order for this, first of all, this paper examines the current state of Chinese medical disputes and prospects how it changes in the future. Based on the practical problems of medical disputes, it reviews the liability for medical malpractice regulated under Article 7 of Tort Law as dividing into ‘liability for medical technology damage’, ‘liability for medical ethics damage’, and ‘liability for medical product damage’. Next, it figures out the problems through grasping each concept of the liabilities for medical malpractice and composition requisites as well as analyzing specific cases. Besides, the paper compares the institutional differences and problems in solving medical disputes between Korea and China. Through the study, it is expected to play an important role to the Korean scholars who study Korea-China FTA relevant to medical field and Chinese medical dispute.

목차

Ⅰ. 시작하며
 Ⅱ. 중국의 의료분쟁 현황과 발생원인
 Ⅲ.「중국불법행위법(侵权责任法)」상 ‘의료손해책임’의 개념과 책임원칙
 Ⅳ.「중국불법행위법(侵权责任法)」상‘의료손해책임’의 유형
 Ⅴ. 맺으며
 ≪参考文献≫
 Abstract

저자

• 김정진 [ Kim, Jung-Jin | 동아대학교 경영대학 시간강사. 법학박사 ]

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