@@ 胡晓翔(南京市卫生局政策法规与监督处处长,中国卫生法学会理事,中国医师协会维权委员会委员,中国医院协会医疗法制专业委员会常务委员,江苏省卫生法学会副会长,南京医科大学医政学院客座副教授):在前面的讨论中,姜柏生教授回顾了新中国成立以来我国医患纠纷调处分久必合合久必分的6个阶段,提出<侵权责任法>实施后必然取代<医疗事故处理条例>(<条例>),在法律适用上进入一元化时代.关于这个结论,您是否同意?%The Tort Law intends to establish a unitary structure of the medical malpractice liability system, which has evoked the argument of preservation or abolition of Regulations on Handling Medical Accidents ( the Ordinance). The author believes that the civil compensation medical dispute surrounding the legal regulation in the future will not be attributed to the "unification", but will continue to maintain and even become more "diversified". Tort Law and "regulations" will certainly focus on different issues. In addition to the fact that the "Regulations" will continue to play a role in regulation, other effective law including tort liability provisions may be still applied to these cases which have resulted in medical malpractices before the Tort Law becomes valid or after diagnosis and treatment have been completed. The 12th Act of "Economic, Social and Cultural Rights" of the International Pact and expansion documents define numerous contents related to "health rights ". So it is possible that these acts and documents may be applied before the Tort Law.
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