论医疗行政许可对第三人造成损害的行政赔偿

On the Administrative Compensation for Damages to the Third Party Caused by Medical Administrative Licenses

根据"有损害,有赔偿"的原则,医疗行政许可违法同样要对第三人损害承担赔偿责任。但由于医疗行业属于高风险、侵袭性的行业以及我国医疗行政许可第三人的现实特点,使得在医疗行政许可对第三人损害赔偿中归责原则和因果关系等方面都有其明显特征。本文从法律角度论述了医疗行政许可违法对第三人造成损害是否应予行政赔偿,是为了让更多的人了解医疗行政许可,维护自己的合法权益,也想让更多从事医疗行政许可的行政主体更好地履地职责。

Illegal administrative licenses should also make compensation for the damages they cause according to the rule of ＂no damages, no compensation＂. Otherwise, the damages caused by the medical administrative has obvious features in causation and abilities relegation, for its real characteristics of high risk and invasion. The author＇s dissertation in this article about whether damages caused by illegal administrative license is able to receive administrative remedy is to make medical administrative lincense much more well-known to enble the public to protect their legal rights, also to make people engaging in this filed do their job more carefully and devotedly.