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医患关系在现代社会已成为重要的、基本的社会关系之一,理当重视对它的立法调整。而不论是为其制定全面调整的法律规则,还是仅为医疗事故确立适当的民事责任制度,均有赖于对医患关系的经济与法律性质及特点有清晰的认识。本文通过分析,确认医患关系就经济本质而言是商品货币交换关系,在法律性质上是医疗服务合同关系,揭示了医患合同关系存在的重大特点,且以此为基础,阐明了对医患关系予以专门立法调整的必要性,并提出了明确具体的立法构想。
The doctor-patient relationship has become one of the important and basic social relations in the modern society, and it should pay attention to its legislative adjustment. Regardless of whether it is to formulate a comprehensive adjustment of the legal rules or to establish a proper civil liability system for medical accidents, it all depends on having a clear understanding of the economic and legal nature and characteristics of the doctor-patient relationship. Through analysis, this article confirms that doctor-patient relationship is a commodity currency exchange relationship in terms of economic nature. It is a medical service contract relationship in terms of the nature of the law. It reveals the significant characteristics of the doctor-patient contract relationship, and based on this, it clarifies the The need for special legislative adjustments in relation to the relationship has been raised, and specific and specific legislative ideas have been proposed.