Earticle

초록

영어

Along with economic development, the concerns on the quality of life and health are growing in China. Accordingly, Chinese government stipulated medical related regulations and tried to solve medical disputes. However, the medical related regulations, stipulated as administration law with the purpose of imposing an administrative measure on the medical damages caused by a medical institution, are not effective to solve the liability for the medical damage compensation. The problems occurring under medical related administration law system have been solved as enacting in December 26th of 2009 dealing with illegal acts(tort) independently. First of all, before the enactment of , there was dual interpretation problem among administration law, which are and , on the compensation for damage under the General Principles of Civil Law. The problem stemmed from the conceptual difference of “damage” between administration law and civil law. Taking into account the problem, the concept of the damage caused by medical accident is homogenized under the Tort Law. As a result, the subject to burden the liability is prescribed by law which gives an advantage over recovering rights and interests of patients. Moreover, the compensation for damage problems under the administration law are complemented once again as subdividing liability for medical damage into “liability for medical technical damage”, “liability for medical ethics”, and “liability for medical product damage.” However, the Tort Law has left room to modification because of using the superfluous provision and the wrong concept about “the liability for the medical damage.” With this in mind, the article will examine the concept of damage under Chinese Civil Law and the concept of medical damage under the Tort Law first. It will also discuss the concept and type of the liability for the medical damage compensation generally. Hopefully, it will help Korean scholars study Chinese medical law.

목차

Ⅰ. 시작하며
 Ⅱ. 중국 민법상 손해와 의료손해의 개념
 Ⅲ. 「侵权责任法」상 의료손해책임의 유형
 Ⅳ. 맺으며
 참고문헌
 [ABSTRACT]

키워드

저자

• 김정진 [ Kim, Jung-Jin | 동아대학교 경영대학/국제학부 강사, 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