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以我国社会医患矛盾逐渐加剧为社会背景,亟需颁布解决医患纠纷的法律,2010年《侵权责任法》明确了医疗损害责任的概念及归责原则,为合理平衡医患双方及社会大众利益提供了法律依据,缓解了医患矛盾。本文立足我国医疗损害责任原则的演变过程及原因,肯定立法成果,也指出现行立法的缺陷。以我国医疗现状及司法实践为基础,提出要统一法律适用、实行举证责任缓和、认定医疗过失的标准应考虑医疗水平差距、完善医疗鉴定及专家证人等法律建议,完善以公正解决医患纠纷为立法目标的医疗法律制度,促进我国医疗事业的良好发展。
In order to gradually aggravate the contradiction between doctors and patients in our society as a social background, it is urgent to promulgate laws to solve disputes between doctors and patients. The Tort Liability Act of 2010 clearly defines the concept of liability for medical damage and the principle of imputation. In order to strike a balance between doctors and patients and the general public Benefits provide the legal basis to ease the doctor-patient conflicts. Based on the evolution of the principle of liability for medical damage in China and its causes, this article affirms the legislative achievements and points out the defects of the current legislation. Based on the status quo of medical treatment and judicial practice in our country, the paper proposes the need to unify the legal application, ease the burden of proof, identify the medical negligence standards should take into account the medical level gap, improve medical appraisal and expert witness and other legal advice, improve the just solution to the medical dispute Legislation of the goal of medical legal system to promote the good development of China’s medical cause.