2012Hebei faxueRequires access

The Doctrine of Liability Fixation of Liability Damages Ruled by Tort Liability Law

Yang Li-xin

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Abstract

The doctrine of liability fixation of liability for medical damages is according to the systematic method,which is ruled by Tort Liability Law.The doctrine of liability for damages is the basic principle,and the presumptive tort doctrine and no-fault liability doctrine are the supplementary principles.The doctrine of liability for damages is applied to the damages for medical technology and medical management.The presumptive tort doctrine is applied to the damages for medical ethics.The no-fault liability doctrine is applied to the damages for medical products.These three doctrines respectively adjust these four patterns of medical liability for damages,and decide the different rules applied to them.

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What this paper is about

The doctrine of liability fixation of liability for medical damages is according to the systematic method,which is ruled by Tort Liability Law.The doctrine of liability for damages is the basic principle,and the presumptive tort doctrine and no-fault liability doctrine are the supplementary principles.The doctrine of liability for damages is applied to the damages for medical technology and medical management.The presumptive tort doctrine is applied to the damages for medical ethics.The no-fault liability doctrine is applied to the damages for medical products.These three doctrines respectively adjust these four patterns of medical liability for damages,and decide the different rules applied to them.

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Available abstract

The doctrine of liability fixation of liability for medical damages is according to the systematic method,which is ruled by Tort Liability Law.The doctrine of liability for damages is the basic principle,and the presumptive tort doctrine and no-fault liability doctrine are the supplementary principles.The doctrine of liability for damages is applied to the damages for medical technology and medical management.The presumptive tort doctrine is applied to the damages for medical ethics.The no-fault liability doctrine is applied to the damages for medical products.These three doctrines respectively adjust these four patterns of medical liability for damages,and decide the different rules applied to them.

Key concepts: Damages, Doctrine, Tort, Liability, Strict liability, Law, Delict, Legal liability

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