Earticle

초록

영어

In recent years, as well as the other countries, medical dispute cases increase continuously in China. one of the reason that medical cases increase rapidly like this is after reformation and opening people's sense of independence, law and right come to be high, but a theoretical study about medical malpractice liability is insufficient and there is deficiency at legislation from 1986 civil law general rule is carried out in Chinese. but it is difficulty to deal with those more and more complicated medical dispute only according to the law above. so in 2001 The Chinese Supreme Court established the judicial construction about civil litigation evidence which regulated the shift of the burden of proof of medical malpractice and the relation of cause and effect from the plaintiffs to the defendants. in 2002 the State Council made out Incident of Malpractice Processing Rule. but many scholar pointed out the problem in it. on the other side, according to Chinese Contract Law parties could choose contractual or tort liability to prosecute. but because of the judicial construction above majority of people asked tort liability. of course
there are some cases asking contractual liability. then this paper aim at analysis of the Chinese medical malpractice liability, especially of the problems about the subject of responsibility,
burden of proof and scope of responsibility.

목차

Ⅰ. 序 論
 Ⅱ. 契約責任과 不法行爲責任의 關係 및 比較
  1. 契約責任과 不法行爲責任의 關係
  2. 契約責任과 不法行爲責任의 比較
 Ⅲ. 責任의 主體
  1. 契約責任의 境遇
  2. 不法行爲責任의 境遇
  3. 檢討
 Ⅳ. 過失과 因果關係의 證明
  1. 契約責任의 境遇
  2. 不法行爲責任의 境遇
 Ⅴ. 責任의 範圍
  1. 一般法의 規定
  2. 醫療事故處理條例의 規定
 Ⅵ. 結論
 참고문헌
 ABSTRACT

키워드

저자

• 朴冬梅 [ 박동매 | 성균관대학교 법학과 비교법연구소 연구원, 법학박사. ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  의료법학 [THE KOREAN SOCIETY OF LAW AND MEDICINE]

• 간기

  계간

• pISSN

  1229-8069

• 수록기간

  2000~2025

• 등재여부

  KCI 등재

• 십진분류

  KDC 517 DDC 613