Earticle

초록

영어

Across the ages and in all countries of the world, medical dispute caused by either medical accident or medical malpractice always exists. “There is dispute where patient is” as it says the relationship between a patient and a medical institution is an inseparable relation. In China the demand for the medical welfare is getting higher as the quality of life becomes improved with rapid economic development. In this context, China stipulated Tort Law of P.R.C in December 2009, which is the world’s only single law. Before the stipulation of the Tort Law, the medical dispute was resolved in pursuant to either General Principles of the Civil Law of P.R.C or Regulations on Resolving Medical Accident. However, the former has no specific regulation on medical dispute, and is composed of abstract and general regulations. Furthermore, the latter has the deficiency in resolving personal action and infringement of right since its legal feature is administrative regulation. As a result, it was difficult to resolve medical disputes under these systems. It is expected that the stipulation of the Tort Law could improve this legal problem. However, the Article 7 of the Tort Law regulating liability for medial damage cannot solve all of these problems. In other words, some deficiencies and problems in both content and structure of the Law still exist. Consequently, the paper will analyze Chinese medical dispute first. Next, it will discuss how the Tort Law is applied in favor. Finally, it will examine the problems in the application of the Law.

목차

Ⅰ. 문제의 제기
 Ⅱ. 중국의 의료분쟁 현황과 발생근원
 Ⅲ. 의료손해책임법의 입법특징과 주요내용
 Ⅳ. 의료손해배상책임의 결함과 문제점
 Ⅴ. 결론
 참고문헌
 ABSTRACT

키워드

저자

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

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  의생명과학과 법

• 간기

  반년간

• pISSN

  2092-8599

• eISSN

  2508-5727

• 수록기간

  2009~2025

• 등재여부

  KCI 등재

• 십진분류

  KDC 360 DDC 340