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Author: Nuannuan Lin
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
This Article investigates the evolution of the Chinese legal mechanism for medical malpractice dispute resolution (MMDR) from the establishment of the first rules for MMDR in 1955 to the promulgation of the Regulation on Preventing and Dealing with Medical Malpractice Disputes in 2018. Using historical documents and chronicled sources, it reveals the politicization of adverse events in the 1950s-70s and explores how the unique historical and political context created a different philosophical and practical foundation for the Chinese mechanism for MMDR. In contrast to the common law position that treats medical malpractice as a breach of the duty of care to patients, the Chinese mechanism treated medical malpractice as a breach of duties which a health care professional owed to the health administration system. In comparison with the common law approach that allocates medical malpractice cases to private law, the Chinese approach allocated medical malpractice cases to an administrative-led dispute resolution system. That is why, as this article explains, the Chinese MMDR mechanism focused on disciplinary and regulatory functions rather than the function of redressing damages in the early stages of its development.This early philosophical and practical foundation was altered by the Chinese economic and health system reforms initiated in 1978 and 1985. As the reforms transformed patients into consumers of health services, pecuniary compensation became an unavoidable issue for the MMDR mechanism. The article then tracks changes in the laws and regulations governing medical malpractice disputes during 1987-2018 and takes judicial practice into account when explaining how the MMDR mechanism shifts its legitimacy from one based on health administrative rules to one based on the Chinese civil laws and shifts its function from deterring medical malpractice to compensating for medical injuries. The results of this research shed light on the social dynamics of legal reform, suggesting that the evolution of the Chinese legal mechanism may be understood as a dynamic product of an on-going interaction between law and society.
Author: Nuannuan Lin
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
This Article investigates the evolution of the Chinese legal mechanism for medical malpractice dispute resolution (MMDR) from the establishment of the first rules for MMDR in 1955 to the promulgation of the Regulation on Preventing and Dealing with Medical Malpractice Disputes in 2018. Using historical documents and chronicled sources, it reveals the politicization of adverse events in the 1950s-70s and explores how the unique historical and political context created a different philosophical and practical foundation for the Chinese mechanism for MMDR. In contrast to the common law position that treats medical malpractice as a breach of the duty of care to patients, the Chinese mechanism treated medical malpractice as a breach of duties which a health care professional owed to the health administration system. In comparison with the common law approach that allocates medical malpractice cases to private law, the Chinese approach allocated medical malpractice cases to an administrative-led dispute resolution system. That is why, as this article explains, the Chinese MMDR mechanism focused on disciplinary and regulatory functions rather than the function of redressing damages in the early stages of its development.This early philosophical and practical foundation was altered by the Chinese economic and health system reforms initiated in 1978 and 1985. As the reforms transformed patients into consumers of health services, pecuniary compensation became an unavoidable issue for the MMDR mechanism. The article then tracks changes in the laws and regulations governing medical malpractice disputes during 1987-2018 and takes judicial practice into account when explaining how the MMDR mechanism shifts its legitimacy from one based on health administrative rules to one based on the Chinese civil laws and shifts its function from deterring medical malpractice to compensating for medical injuries. The results of this research shed light on the social dynamics of legal reform, suggesting that the evolution of the Chinese legal mechanism may be understood as a dynamic product of an on-going interaction between law and society.
Author: Zhiqiong June Wang
Publisher: BRILL
ISBN: 900433128X
Category : Law
Languages : en
Pages : 339
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Book Description
This book provides a comprehensive and contextual analysis of the various methods of civil dispute resolution in the PRC. The approach to analysis is historical, comparative and socio-legal.
Author: Jiwei Qian
Publisher: World Scientific
ISBN: 9813207221
Category : Medical
Languages : en
Pages : 172
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Book Description
By reviewing regulatory initiatives in health financing, service provision, pharmaceutical sector and public health, this book attempts to connect recent research with policy developments in the Chinese health-care system. While there are a small number of studies on the regulations in the Chinese health-care system, this book contributes to the literature in three ways. First, a review of the recent developments in the Chinese health-care system illustrates that the capacity and incentives of the regulatory agencies matter in the implementation and enforcement of the regulations. Second, this book also shows that some institutional arrangements in the Chinese context are particularly important for configuring the capacity and incentives of the regulatory system. Third, this book lays out the mechanisms for the regulatory reform of the Chinese health-care system.
Author: Thomas W. Simon
Publisher: Springer
ISBN: 1137452064
Category : Law
Languages : en
Pages : 275
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Book Description
While much international attention has been focused on China's developing economy, dramatic changes are also taking place in its legal system. This book is a groundbreaking, comprehensive introduction to China's legal system, covering the major areas of both civil and criminal law. The authors present fascinating cases and balanced accounts of controversial issues, from copyright law to punishment. By letting Chinese lawyers and judges speak for themselves, the authors also allow readers a surprisingly candid insider's view of real life legal practice.
Author: Vera Lúcia Raposo
Publisher: Springer Nature
ISBN: 9811648557
Category : Law
Languages : en
Pages : 318
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Book Description
This book brings together some of the most respected Asian and Australasian experts on medical liability to provide insightful perspectives on civil and criminal law from selected Australasian jurisdictions. It focuses on the idiosyncrasies of the existing law and case law in this part of the world with regard to medical liability, adopting a comparative and critical perspective. The aim is to provide an overview of the basic elements of medical liability in Asian and Australian jurisdictions, as well as the latest developments and general trends in jurisprudence. Given the broad range of jurisdictions covered, the book offers lawmakers, health administrators and practitioners, both in law and medicine, an alternative approach to the delivery of health care. Further, it is essential reading for all those (academics, lawyers, judges, researchers, practicing doctors and those involved in the growing area of legal medicine) working in medical liability, specially in the Australasian context.
Author: Borzu Sabahi
Publisher: Juris Publishing, Inc.
ISBN: 157823347X
Category : International law
Languages : en
Pages : 702
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Book Description
As the title suggests, A Revolution in the International Rule of Law: Essays in Honor of Don Wallace, Jr. is a European style Festschrift or Liber Amicorum, and compiles short essays by eminent scholars and practitioners who have known Prof. Wallace during his long and distinguished career as a Professor of law at Georgetown University Law Center and, among others, as the Chairman of the International Law Institute, the U.S. Delegate to UNCITRAL, the Legal Adviser to the USAID, President of the ABA Section on International Law, presiding officer of the UNIDROIT Foundation, and Of Counsel to a number of prominent international law firms including Winston & Strawn LLP, Morgan Lewis LLP, Arnold & Porter LLP, and Shearman & Sterling LLP. The primary topics covered in the book are: Foreign Investment and Political RiskInternational Investment Law and ArbitrationUnification of Private LawCommercial Law ReformPublic ProcurementRule of Law and Transitional JusticeInternational Business Law and Human RightsLegal Aspects of the United States' Foreign Affairs: Public International Law, Separation of Powers and Terrorism. Professor Wallace's friends, including the co-editors, have submitted 45 essays including a biographical piece prepared by the editors to this volume.
Author: Pablo Cortés
Publisher: Routledge
ISBN: 1136943501
Category : Law
Languages : en
Pages : 283
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Book Description
Offers an account of ODR for consumers in the EU context, presenting a comprehensive investigation of the development of ODR for business to consumer disputes within the EU. This book examines the role of both the European legislator with the Mediation Directive and the English judiciary in encouraging the use of mediation.
Author: Herbert Kritzer
Publisher: University Press of Kansas
ISBN: 0700625852
Category : Law
Languages : en
Pages : 248
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Book Description
Unhappy clients bring thousands of legal malpractice claims every year, against mega law firms and solo practitioners, for simple errors or egregious misconduct, and for losses than can reach $100 million or more. This in an industry, legal services, generating nearly $300 billion a year in revenue and touching every facet of American society. Yet, scant if any scholarly attention has been paid to the questions and consequences of lawyers' professional liability. This book is the first to fully explore the mistakes lawyers sometimes make, the nature of these mistakes, the harm they do, and the significant disparities in outcomes for corporate and individual victims of lawyers' errors. A systematic, empirical study of legal malpractice, When Lawyers Screw Up employs both quantitative and qualitative methods to examine the frequency and nature of claims, the area of practice producing them, the amounts at stake, and the resolutions. The authors also use a range of data sources to study the frequency and outcomes of legal malpractice trials, whether bench or jury. Their comparison of legal malpractice cases involving the corporate and personal service sectors reveal the difficulties confronting claims coming from the personal sector—difficulties that often deny victims redress, even when they have suffered significant harm. When Lawyers Screw Up draws on a series of interviews to describe the practices of lawyers with expertise in handling legal malpractice claims, even as it notes how few such experts are available to prosecute these claims. In light of their findings, the authors suggest a range of reforms that would help victims of legal malpractice, particularly individuals and small businesses, in pursuing their claims.
Author: Xiaowan Wang
Publisher: Springer
ISBN: 0230286968
Category : Business & Economics
Languages : en
Pages : 298
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Book Description
This book considers the key sectors of China's health care system after its entrance into the WTO, including the pharmaceutical industry, health insurance services, and hospitals in terms of policies, legal framework and market potential. It offers a critical analysis of the impact of the WTO and globalization on China's health care.
Author: Daniel C.K. Chow
Publisher: Aspen Publishing
ISBN: 1543822479
Category : Law
Languages : en
Pages : 338
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Book Description
The authors of International Business Transactions: Problems, Cases, And Materials have compiled multi-lateral agreements, model codes, and U.S. statutory law in a Documents Supplement that supports and enriches the study of this dynamic field of law. The supplement features multilateral agreements from various United Nations Conventions, the International Chamber of Commerce, the World Trade Organization, and other leading international organizations. Selected provisions from the Uniform Commercial Code and various international treaties are included, along with guidelines for multinational business enterprises for organizations such as the World Bank and the Organization for Economic Co-Operation and Development (OECD). New to the Fourth Edition: TThe 2017 amended version of the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) (1995) Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on Jurisdiction and the Recognition and Enforcement of Judgements in Civil and Commercial Matters (Recast) (Recast Regulation) The 2018 revised versions of: Alien Tort Claims Act (Alien Tort Statute) (ACTA, ATS) Carriage of Goods by Sea Act (COGSA), 46 U.S.C.A. § 30701 hist. n. Foreign Corrupt Practices Act (FCPA): Anti-Bribery and Books & Records Provisions (Selected Provisions) The 2011 revised version of the OECD Guidelines for Multinational Enterprises
