Earticle

초록

영어

The theory about the standard of medical action become popular, however, the background and the applicability about this theory still lacks enough analysis. Based on the interaction between precedent and doctrine, this theory in Japan has experienced a process from the standard in medicine and the absolute standard to the relative standard of medical action. If the judgment of medical action is based on the standard of medical action, it will not only provide the prescriptive judgment standard, but also provide the guide to action for medical. Under the background of China, this theory should be applicable too. When we apply this theory, we shouldn’t embrace the standard in medicine, but the relative standard of medical action. Specifically, the particularity of hospital, the difference of area, the difference of doctor’s field，the currency of medical knowledge and the urgency of medical action should be taken into consideration, and so on. The order of priority of medical customs should be dismissed from the standard of medical action. The standard of medical action should be a prescriptive standard, and the difference between the standard of medical action and the medical consultation from processional. And we should also pay enough attention to the limit of this theory.

목차

摘 要
 一、中国医疗水准说的研究状况分析
 二、医疗水准说的形成和发展
 三、医疗水准说在中国的适用可能性及其具体适用
 参考文献
 abstract

키워드

저자

• 주강홍 [ Jianghong Zhou | 浙江大学光华法学院讲师，日本国神户大学法学博士 ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  중국법연구 [Chinese Law Review]

• 간기

  연3회

• pISSN

  1738-7051

• 수록기간

  1997~2026

• 등재여부

  KCI 등재

• 십진분류

  KDC 369 DDC 341