「中國侵权责任法」상 의료손해책임에 관한 연구

Abstract

In accordance with economic development in 1990s, the number of medical disputes in China has been increased. In order to resolve this problem, China stipulated Administrative Measures for Handling Medical Malpractice(herein after the Measures) in 1989, which has been developed into specific regulation, named Article 7 ‘Liability for Medical Malpractice’ under Tort Law in 2009. In the past, there was a problem relating to the application of law stemmed from dual application between General Principle of Civil Law and the Measures that is to say law and administrative regulation. However, with the legislation of Tort Law, China could establish the opportunity not only to resolve the dual application problem, but also to secure the protection of Chinese nations’ health. Thus, the following paper investigates the liability for medical malpractice under Chinese Tort Law. In order for this, first of all, this paper examines the current state of Chinese medical disputes and prospects how it changes in the future. Based on the practical problems of medical disputes, it reviews the liability for medical malpractice regulated under Article 7 of Tort Law as dividing into ‘liability for medical technology damage’, ‘liability for medical ethics damage’, and ‘liability for medical product damage’. Next, it figures out the problems through grasping each concept of the liabilities for medical malpractice and composition requisites as well as analyzing specific cases. Besides, the paper compares the institutional differences and problems in solving medical disputes between Korea and China. Through the study, it is expected to play an important role to the Korean scholars who study Korea-China FTA relevant to medical field and Chinese medical dispute.