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Abstract
Abstract The birth and death, is the life natural law. However, medicine technology development, not only has saved the innumerable person's life, moreover, causes person's life extension, this already became the fact which does not struggle. Perhaps at the same time, because some questions each kind of reason cannot obtain the completely accurate judgment and correct appropriate processing, right consciousness surging upward with the government by law order establishment, the medical civil action becomes increases progressively year after year the tendency. Even becomes the social question. The legislator legislates, to attempt many times to solve this intriguing difficult problem. But, the practice of medicine characteristics of things to weak seeks for the benefit with difficulty balanced, thus various departments' legislative trend is different, lacks the unity, the concordance, the definition and the feasibility, causes in the practice the applicable legislation to vary. Further intensified the contradiction. Therefore, the research medical service right infringement compensation civil action, promotion medicine trouble relations' coordinated, the perfect practice of medicine law, instructs the court the trial practice to have the vital role. This article is divided seven chapters: The first chapter is the introduction. The second chapter for civil tort compensation lawsuit outline. First introduced that the medical civil tort compensation lawsuit the concept obtains, introduction theoretically with practice to medical lawsuit connotation; Next, introduced that the medical lawsuit the nature, the medical civil tort compensation lawsuit's classification, is clear about this article the value orientation and the guiding principle. The third chapter for the medical right infringement compensation civil action. First elaborates the medical right infringement compensation civil action main body determination; Next, introduced that accepts the court the determination, because in the practice the applicable legislation varies, the choice is different, causes the result difference. Finally, discusses the medicine, trouble both sides to provide the evidence in detail in the lawsuit process the responsibility, thus gives the deep research to the medical right infringement compensation civil action's evidence. The forth chapter for the medical civil tort certification. Undertaking of for the medical right infringement compensation civil liability. First introduces the UK-US legal system and the mainland legal system right infringement civil liability system briefly; Next, introduced that two big legal systems turn over to the responsibility principle, and our country to turns over to the responsibility the classification, thus proposed that turns over to the responsibility principle to the traditional medical service right infringement compensation civil liability the revision; The fifth chapter for the research medical service right infringement civil liability constitution important document, analyzes the different theory, further proposes the medical right infringement compensation civil liability constitution important document subversive again construction. The six chapter is suitable for the medical right infringement compensation civil liability and the law. The right infringement compensation's scope, the standard, the applicable legislation, further gives to compare, the analysis. Conducts the empirical study. The seven chapter is the conclusion. key word: The medical right infringement compensation civil action medical authenticate law to be suitable
