2012•Unpublished venueRequires access

On the medical damage liability imputation principle of the Tort Liability Law

Zha Man

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Abstract

for Medical Malpractice in chapter 7 of Tort Liability Law of PRC,based on the judicial practice with foreign experience for reference,creatively designs the imputation principle system of combining the common imputation principle and special imputation principle,which is helpful for reasonable solution to medical damage compensation disputes.However,there exist some problems such as lack of logic and preciseness in the legislative technology,which make all kinds of imputation boundaries difficult to distinguish and thus affect the accurate understanding and correct apply of the law.Therefore,the relevant departments should pay close attention to it and promulgate the judicial interpretation of the law as soon as possible.

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What this paper is about

for Medical Malpractice in chapter 7 of Tort Liability Law of PRC,based on the judicial practice with foreign experience for reference,creatively designs the imputation principle system of combining the common imputation principle and special imputation principle,which is helpful for reasonable solution to medical damage compensation disputes.However,there exist some problems such as lack of logic and preciseness in the legislative technology,which make all kinds of imputation boundaries difficult to distinguish and thus affect the accurate understanding and correct apply of the law.Therefore,the relevant departments should pay close attention to it and promulgate the judicial interpretation of the law as soon as possible.

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Available abstract

for Medical Malpractice in chapter 7 of Tort Liability Law of PRC,based on the judicial practice with foreign experience for reference,creatively designs the imputation principle system of combining the common imputation principle and special imputation principle,which is helpful for reasonable solution to medical damage compensation disputes.However,there exist some problems such as lack of logic and preciseness in the legislative technology,which make all kinds of imputation boundaries difficult to distinguish and thus affect the accurate understanding and correct apply of the law.Therefore,the relevant departments should pay close attention to it and promulgate the judicial interpretation of the law as soon as possible.

Key concepts: Imputation (statistics), Liability, Tort, Legislature, Strict liability, Law, Medical malpractice, Judicial interpretation

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