医疗契约的法律性质初探

随着医疗改革的推进,医疗纠纷剧增,而我国医事法律立法迟滞,理论研究落后,已经暴露出了诸多严重问题,其中的核心问题便是医疗纠纷的法律适用问题,而这取决于医疗契约法律性质的界定.医疗契约是医患关系的法律形式,是医事法律关系的核心.因此,医患关系和医疗契约法律性质的界定,关系着医事法学理论的构建;决定着医事法学在我国法学体系中的地位;代表着整个社会的人权理念.

Preliminary Discussion of the Legal Nature of Medical Contract

With the advance of medical reform and dramatic increase of medical disputes ,many serious problems are propped up in our country,but the relevant legislation and theory study has been lagging behind.The focus area is whether the law is applicable for medical disputes,and it relies on the definition of the nature of medical contract.Medical-contract is a legal form of the relationship between doctors and patients,and it is the core of legal relationships in medical affairs.Therefore,the definition of relationships between the doctor and patients and the legal nature of medical contract directaly relates to the construction of legal theory ;bears on the status of the Medical laws in the legal system of our country;and represents the human right concept of the whole scoiety.