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《消费者权益保护法》的立法宗旨不只是保护消费者的权益,其更深层次的,是维护社会市场秩序的稳定与促进社会的发展。文章认为《消费者权益保护法》的立法内容,并没有规定患者是消费者,所以医患纠纷并不意味着就要适用《消费者权益保护法》,主张患者是消费者的观点有些偏颇。从医生与患者的关系来说,更多是救死扶伤的扶助关系,与《消费者权益保护法》的消费关系有所区别。从医院来说,医院不是简单的商品经营者。从患者角度来说,如果说患者是弱者,那医生也是弱者。因此,患者的权益宜适用侵权法保护。
The legislative purpose of the Law on Protection of the Rights and Interests of Consumers is not only to protect the rights and interests of consumers. To a deeper level, it is to safeguard the stability of the social market order and promote social development. The article holds that the legislative content of the “Law on the Protection of Rights and Interests of Consumers” does not stipulate that patients are consumers. Therefore, the dispute between doctors and patients does not mean that the “Consumer Protection Law” should be applied. The viewpoint that patients are consumers is somewhat biased. The relationship between doctor and patient is more aided by the relationship between life and death and the consumption relationship with Consumer Protection Law. From the hospital, the hospital is not a simple commodity manager. From the patient’s point of view, if the patient is the weaker, the doctor is also the weaker. Therefore, the rights and interests of patients should be protected by tort law.