医疗行为不适用公平责任原则之我见  

Application of Medical Action and Principle of Fair Obligation

作　　者：舒军[1] 

机构地区：[1]苏州医学院法律教研室,江苏省苏州市215007

出　　处：《法律与医学杂志》1998年第2期71-74,共4页Journal of Law & Medicine

摘　　要：The " Principle of fair obligation" should be in legal term for" equitable principle", which is the concrete manifestation of " fair principle" in the General Provision of Civil Law. Both of whose starting point and final settling place are to achieve the goal of " social equity". According to the character and nature of present medical action, it could be consider that it is unreasonable and unfair if the faultless medical action should also share the loss. Therefore, the " equitable principle" is not suitable to the medical action.The ' Principle of fair obligation' should be in legal term for' equitable principle', which is the concrete manifestation of ' fair principle' in the General Provision of Civil Law. Both of whose starting point and final settling place are to achieve the goal of ' social equity'. According to the character and nature of present medical action, it could be consider that it is unreasonable and unfair if the faultless medical action should also share the loss. Therefore, the ' equitable principle' is not suitable to the medical action.

关 键 词：医疗行为 公平责任原则 适用性 

分 类 号：R－05[医药卫生]