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医患法律关系是医事法规在调整医方与患方之间的关系中所形成的权利义务关系。其中医疗合同关系是一种不同于一般合同的特殊民事法律关系。本文以民法的基本理论为依据,结合我国现实情况,力求通过对医疗合同的性质、订立、主体、合同效力等方面的问题进行研究,阐明医患双方当事人各自所应承担的法律责任,归纳出更为公正、合理的解决医患纠纷的对策和理论依据。
The legal relationship between doctors and patients is the rights and obligations formed by the medical regulations in the relationship between the doctors and the patients. The medical contract relationship is a special civil legal relationship different from the general contract. Based on the basic theory of civil law and the reality of our country, this article tries to make a research on the nature of the medical contract, the conclusion of the conclusion, the main part, the validity of the contract and so on, and clarifies the respective legal responsibilities of the two parties A more just and reasonable solution to the dispute between doctors and countermeasures and theoretical basis.