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Author: Chunyan Ding
Publisher: Open Dissertation Press
ISBN: 9781374806641
Category :
Languages : en
Pages :
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Book Description
This dissertation, "Medical Negligence Law in Transitional China: a Patient in Need of a Cure" by Chunyan, Ding, 丁春艳, was obtained from The University of Hong Kong (Pokfulam, Hong Kong) and is being sold pursuant to Creative Commons: Attribution 3.0 Hong Kong License. The content of this dissertation has not been altered in any way. We have altered the formatting in order to facilitate the ease of printing and reading of the dissertation. All rights not granted by the above license are retained by the author. DOI: 10.5353/th_b4391369 Subjects: Medical personnel - Malpractice - China Medical errors - China Medical laws and legislation - China
Author: Chunyan Ding
Publisher: Open Dissertation Press
ISBN: 9781374806641
Category :
Languages : en
Pages :
Get Book Here
Book Description
This dissertation, "Medical Negligence Law in Transitional China: a Patient in Need of a Cure" by Chunyan, Ding, 丁春艳, was obtained from The University of Hong Kong (Pokfulam, Hong Kong) and is being sold pursuant to Creative Commons: Attribution 3.0 Hong Kong License. The content of this dissertation has not been altered in any way. We have altered the formatting in order to facilitate the ease of printing and reading of the dissertation. All rights not granted by the above license are retained by the author. DOI: 10.5353/th_b4391369 Subjects: Medical personnel - Malpractice - China Medical errors - China Medical laws and legislation - China
Author: Chunyan Ding
Publisher: Open Dissertation Press
ISBN: 9781374806658
Category : Law
Languages : en
Pages : 348
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Book Description
This dissertation, "Medical Negligence Law in Transitional China: a Patient in Need of a Cure" by Chunyan, Ding, 丁春艳, was obtained from The University of Hong Kong (Pokfulam, Hong Kong) and is being sold pursuant to Creative Commons: Attribution 3.0 Hong Kong License. The content of this dissertation has not been altered in any way. We have altered the formatting in order to facilitate the ease of printing and reading of the dissertation. All rights not granted by the above license are retained by the author. DOI: 10.5353/th_b4391369 Subjects: Medical personnel - Malpractice - China Medical errors - China Medical laws and legislation - China
Author: Chunyan Ding
Publisher:
ISBN: 9781780680729
Category : Medical care
Languages : en
Pages : 0
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Book Description
This book contributes to a better understanding of past developments and current problems in Chinese medical negligence law and is a useful source to understand the topics of professional negligence and personal injury in Chinese law and in the Chinese society.
Author: Ken Oliphant
Publisher: Walter de Gruyter
ISBN: 3110270234
Category : Law
Languages : en
Pages : 592
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Book Description
The papers in this collection are drawn from a symposium held in Vienna in December 2010. Organised by the Institute for European Tort Law and the Chicago-Kent Law Review, in collaboration with the European Centre of Tort and Insurance Law, the conference drew together legal experts from 14 national or regional systems across six continents. Medical malpractice and compensation for medical injuries are issues which regularly create tension and innovation in national legal systems but the analysis of these areas is often limited to national audiences. This study examines the issues in a uniquely global context, demonstrating the breadth of approaches currently taken around the world and revealing key areas of tension and the likely direction of future developments. Wherever possible, the analysis is supported by reference to empirical data. The 14 legal systems covered in the collection are Austria, Brazil, Canada, China, France, Germany, Italy, Japan, New Zealand, Poland, Scandinavia, South Africa, the United Kingdom and the United States. A general comparative introduction completes the collection.
Author: Weixia Gu
Publisher: Routledge
ISBN: 1317584767
Category : Law
Languages : en
Pages : 276
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Book Description
China's ever-expanding commercial influence has attracted global attention on how its civil and commercial disputes are resolved. This compelling new book, Dispute Resolution in China, offers a detailed examination of the elements in the Chinese legal system and the relevant reforms to the multiplicity of approaches to civil and commercial disputes in China today. This book reveals how civil litigation, commercial arbitration, mediation, and their hybrid dispute resolution have distinctly responded to, reformed, and developed in the context of China’s transformational economic growth, societal development, and international interaction in the last two decades. It situates these developments and continued experimentation within a unique hybrid of empirical, contextual, and comparative analytical framework, while paving productive pathways towards the future. This book argues that, rather than being a legal project, China’s civil and commercial dispute resolution system is essentially a social development project, which distinguishes the Chinese approach to civil justice reform from contemporary civil justice movements elsewhere. Among the primary methods of dispute resolution, commercial arbitration in China today uniquely transcending the traditional socio-political constraints, its reform has developed in favor of market-oriented considerations and shaped by China’s socio-economic dynamics and internationalization needs. By contrast, civil litigation and mediation being more instrumentalist in nature, their reform is socio-politically embedded and continues to prioritize social stability. This book also shines a fresh light on comparative assessments of top-down and bottom-up changes in China’s dispute resolution discourse, as well as on how China speaks to international dispute resolution systems. Original and rich in its analysis, this book will be essential reading and invaluable reference tool for scholars with a focus on Chinese law, comparative and international dispute resolution, and on broader legal, institutional, economic, social, political and cultural dimensions of dispute resolution development.
Author: Xiaowei Yu
Publisher:
ISBN: 9781780687339
Category : Compensation (Law)
Languages : en
Pages :
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Book Description
Preventing Medical Malpractice and Compensating Victimised Patients in China is the first book in English on the legal remedies for preventing medical errors and compensating victims of medical malpractice in China from an economic and legal perspective. Specifically, those legal remedies include tort liability, regulation, insurance and social security. The new medical liability regime based on the Tort Liability Law 2009 currently provides the primary legal remedy against medical malpractice. However, the role of alternative regimes in medical quality assurance and victim compensation should not be ignored. This book: - gives a full description of all the current legal remedies for the prevention of medical malpractice and compensation for iatrogenic injuries in China, in order to see how those different legal instruments interact with and impact on one another. - examines how those legal remedies work in practice and what impact they have on society, based on an extensive analysis of court decisions, several semi-structured interviews, and a review of the available empirical literature. - summarises the law and economics studies on medical malpractice and applies economic theories to the legal remedies in China, in order to put forward policy recommendations to China. The ultimate conclusion of this work is that although many aspects of the legal remedies in China are consistent with the economic model of accident law as far as the prevention of medical malpractice is concerned, they still need great improvement when it comes to compensation for iatrogenic injuries. Overall, this book provides a thorough examination and evaluation of the legal remedies for medical malpractice in China, especially taking into account the latest developments in economic theories and new empirical findings. Hence, it will be of interest to legal and economic scholars, students, lawyers, insurers and policy makers responsible for ensuring the quality of medical care.
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: Imogen Goold
Publisher: Bloomsbury Publishing
ISBN: 1509928588
Category : Law
Languages : en
Pages : 414
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Book Description
In the wake of the Charlie Gard and Alfie Evans cases, a wide-ranging international conversation was started regarding alternative thresholds for intervention and the different balances that can be made in weighing up the rights and interests of the child, the parent's rights and responsibilities and the role of medical professionals and the courts. This collection provides a comparative perspective on these issues by bringing together analysis from a range of jurisdictions across Europe, North and South America, Africa and Asia. Contextualising the differences and similarities, and drawing out the cultural and social values that inform the approach in different countries, this volume is highly valuable to scholars across jurisdictions, not only to inform their own local debate on how best to navigate such cases, but also to foster inter-jurisdictional debate on the issues. The book brings together commentators from the fields of law, medical ethics, and clinical medicine across the world, actively drawing on the view from the clinic as well as philosophical, legal and sociological perspectives on the crucial question of who should decide about the fate of a child suffering from a serious illness. In doing so, the collection offers comprehensive treatment of the key questions around whether the current best interests approach is still appropriate, and if not, what the alternatives are. It engages head-on with the concerns seen in both the academic and popular literature that there is a need to reconsider the orthodoxy in this area.
Author: Melinda Cooper
Publisher: Duke University Press
ISBN: 0822377004
Category : Social Science
Languages : en
Pages : 290
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Book Description
Forms of embodied labor, such as surrogacy and participation in clinical trials, are central to biomedical innovation, but they are rarely considered as labor. Melinda Cooper and Catherine Waldby take on that project, analyzing what they call "clinical labor," and asking what such an analysis might indicate about the organization of the bioeconomy and the broader organization of labor and value today. At the same time, they reflect on the challenges that clinical labor might pose to some of the founding assumptions of classical, Marxist, and post-Fordist theories of labor. Cooper and Waldby examine the rapidly expanding transnational labor markets surrounding assisted reproduction and experimental drug trials. As they discuss, the pharmaceutical industry demands ever greater numbers of trial subjects to meet its innovation imperatives. The assisted reproductive market grows as more and more households look to third-party providers for fertility services and sectors of the biomedical industry seek reproductive tissues rich in stem cells. Cooper and Waldby trace the historical conditions, political economy, and contemporary trajectory of clinical labor. Ultimately, they reveal clinical labor to be emblematic of labor in twenty-first-century neoliberal economies.
Author: Lei Chen
Publisher: Martinus Nijhoff Publishers
ISBN: 9004204873
Category : Law
Languages : en
Pages : 577
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Book Description
Currently, China is drafting its new Civil Code. Against this background, the Chinese legal community has shown a growing interest in various legal and legislative ideas from around the world. "Towards a Chinese Civil Code" aims at providing the necessary historical and comparative legal perspectives. The book addresses the following topics: property law, contract law, tort law and civil procedure.
