In order to solve many risks brought by the uncertainty of medical behavior and to alleviate the contradiction be-tween doctors and patients,a number of legal systems have been established in foreign developed countries,among which compul-sory medical liability insurance is very important.Based on the current situation and existing problems of medical liability insurance legal system in China,the article aims to clarify the theoretical basis of compulsory medical liability insurance from multiple angles.The Medical Tort Liability Law fails to fully accomplish distributive justice.However,compulsory medical liability insurance can u-tilize the socialization of risks to realize distributive justice.Adverse selection and moral hazard are significant causes for the mal-function of medical liability insurance in China.Compulsory medical liability insurance can effectively solve adverse selection and prevent moral hazard.To safeguard the legitimate interests of injured patients,it is urgent and important to enforce compulsory med-ical liability insurance in China,and this system is irreplaceable.Thus,compulsory medical liability insurance conforms to the judgment principle of public interest.In conclusion,the legal system of compulsory medical liability insurance is indispensable for protecting the legitimate rights and interests of patients and achieving harmony between doctors and patients.
Medical Damage LiabilityCompulsory InsuranceTheoretical Basis
万方数据
维普
