强制医疗责任保险立法问题研究

发布时间：2018-02-15 11:27

本文关键词： 医疗纠纷医疗责任保险强制医疗责任保险　出处：《北方工业大学》2015年硕士论文　论文类型：学位论文

【摘要】：医疗行业与我们每个人密不可分,经济的飞速发展使得医疗服务逐渐大量化、普及化,社会的进步使得民众权利意识逐步提高,然而,随之而来的不是本应更和谐的医患关系,而是医患关系的紧张甚至破裂。近年来层出不穷的医疗纠纷甚至医闹事件备受关注,医疗机构和患者的利益都亟需得到保护。医疗责任保险既能转嫁医疗机构的医疗风险又能及时保护患者利益,本应该得到广泛应用并发挥其应有作用。然而,目前医疗责任保险在我国却发展缓慢,具体表现为医疗机构参加医疗责任保险的意愿不强,而保险公司也似乎对这一领域不感兴趣。造成这种现状的原因既有我国医疗责任保险发展时间短、市场发展不成熟以及民众保险意识较弱等问题,更是由于医疗责任保险缺乏法律层面上的强制,而行政主导方式又存在诸多弊端,不利于医疗责任保险的健全发展。因此,本文提出在立法上对医疗责任保险进行强制,在立法上建立全面系统的医疗责任保险制度,不仅可以分散化解医疗风险,更关键的是可以保护患者利益。这也是为满足保险大数法则的要求。此外,这也是我国医疗卫生体制改革的必然要求。在立法的可行性方面,不仅可以借鉴国外经验,而且我国也有医疗责任保险试点经验以及机动车交通事故责任强制保险制度的经验,再加上对我国医疗责任保险市场重视和开拓,因此强制医疗责任保险在立法上是可行的。但不可否认也存在如数据、人才等方面的立法障碍。在全面分析上述内容的基础上,笔者将提出立法建立强制医疗责任保险的相关建议。
[Abstract]:The medical industry is closely related to each of us. The rapid development of the economy has made the medical service become more and more popular, and the social progress has gradually raised the awareness of people's rights. However, it is not the doctor-patient relationship that should have been more harmonious with it. In recent years, medical disputes and even medical incidents have attracted much attention, and the interests of medical institutions and patients are in urgent need of protection. Medical liability insurance can not only transfer the medical risks of medical institutions but also protect the interests of patients in time. It should be widely used and play its due role. However, the development of medical liability insurance in China is slow at present. The specific manifestation is that the willingness of medical institutions to participate in medical liability insurance is not strong, and the insurance companies also seem not interested in this field. The reason for this situation lies in the short development time of medical liability insurance in our country. The problems of immature market development and weak public insurance consciousness are due to the lack of legal enforcement of medical liability insurance, and there are many drawbacks in the way of administrative leading, which is not conducive to the sound development of medical liability insurance. Therefore, this paper proposes to enforce the medical liability insurance in legislation and to establish a comprehensive and systematic medical liability insurance system in legislation, which can not only disperse the medical risks, What is more crucial is to protect the interests of patients. This is also to meet the requirements of the law of large numbers of insurance. In addition, this is also an inevitable requirement for the reform of our medical and health care system. In terms of the feasibility of legislation, we can not only learn from foreign experience, In addition, our country also has the experience of pilot medical liability insurance and the compulsory insurance system for motor vehicle traffic accident liability. In addition, we attach importance to and develop the medical liability insurance market in our country. Therefore, compulsory medical liability insurance is feasible in legislation. However, it is undeniable that there are legislative obstacles such as data, talents, etc. On the basis of comprehensive analysis of the above contents, I will put forward legislation to establish compulsory medical liability insurance related recommendations.
【学位授予单位】：北方工业大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.284

【参考文献】