我国侵权责任法实施后对医疗行为变化的影响

摘要

The analysis includes the definition of "medical treatment", the great difference exists between "Tort Liability Law of the People's Republic of China" and the previous regulations and the differences through foreign contrasting. Studying the differences of "Tort Liability Law" between previous regulations and the changes and influences on medical treatment after "Tort Liability Law" being issued will help to ease doctor-patient conflicts, improve resolution mechanism of medical dispute, and correct and change the medical treatments those are not appropriate. "Tort Liability Law" will have a quiet positive impact on standardizing medical activities; the negative influences of "the Medical Burden Inverted" will continually exist for a long period of time; the provision of "the Excessive Medical" in "Tort Liability Law" is hard to play a role in practice.%从“医疗行为”的概念界定、侵权责任法的内容、我国与德日处理医疗纠纷的法律情况对比、侵权责任法主要利益相关者及其相互关系等方面,研究侵权责任法与以往规定的差异,以及其实施后对医疗行为可能产生的变化影响,将有助于缓解医患矛盾冲突,改进医疗纠纷处理机制,纠正和转变不恰当医疗行为.