《侵权责任法》系列讲座:概说

A Series of Lectures on Tort Law in China-Tort Law Introduction

《侵权责任法》施行以来,各级卫生行政部门和各级各类医疗卫生服务机构组织从业人员学习、理解和贯彻《侵权责任法》,普法成就斐然。经过一年的研讨,各界就该法的理解达成了许多共识,但在很多环节和关键问题上,仍然歧见纷出,甚至存在着普遍的误读。本文详细阐述侵权责任法的相关概念及立法历程,同时指出其不足之处,并以工作实践为基础,结合法学理论的学习和运用,认为有必要围绕一部《侵权责任法》逐个提出若干重要基础课题,进行深入系统地商兑,以趋利避害,全面地守法、科学地用法。

Objective Since Tort Law was put into enforcement, the staff of Health Administrative Departmentsand Health Service Departments at different levels were requested to learn the law and implement it. After a year of discus-sion , consensus has been reached on many issues regarding the law but different views and even misunderstanding still existin some areas. The article describes the concepts and relevant legislative process of the making of the Tort Law, and alsopoints out many problems of the existing law. We believe that on the basis of practical working experience, together with thetheoretical study and application of Medical Jurisprudence, it is necessary to put forward some important issues around theTort Law in an effort to exchange views extensively and systematically in order to avoid wrong and promote right,so that thelaw will be thoroughly abided by and scientifically applied.