我国医疗服务领域消费者权益保护立法研究

Research on China's Legislation on Protection of Consumer's Rights and Interests in the Field of Medical Services

《消费者权益保护法》并未对医疗服务领域的消费者权益保护加以明文规定,我国现存医疗服务领域消费者权益保护立法由一些地方性消费者权益保护法规的相关条款构成。医疗服务领域消费者权益保护立法能够调整医患双方的利益关系,缓和两者间的矛盾。我国现存医疗服务领域消费者权益保护立法还存在法律位阶过低、覆盖范围过小、对法律责任的规定不够合理等问题,有待加以完善。

Protection of consumers＇ rights and interests in the field of medical services has not been explicitly provided in the Consumer Protection Law of China. China＇s existing protection legislation on consumers＇ fights and interests in the field of medical services is formed with relevant clauses of some local stipulations on the protection of consumers＇ rights and interests. The legislation on the protection of consumers＇ rights and interests could adjust the relationships doctors and patients and ease the conflicts between them. At present, there are some existing legislative issues on China＇s protection of consumers＇ fights and interests in the field of medical services. These issues, including lower legal status, poor coverage and incomplete regulation on legal obligations, need further perfecting.