论我国涉外医疗纠纷所涉连接点的解释

On the connection point of Chinese foreign medical dispute explanation

中国法律未对连接点的认定作出规定,导致司法实践难以准确解释涉外医疗纠纷所涉连接点.在分析连接点的内涵、意义的基础上,对连接点解释的一般方法进行了探讨.运用这些方法,具体解释了侵权行为地、经常居所地、当事人合意、最密切联系4个中国涉外医疗纠纷所涉连接点.

Chinese law does not provide the connection point,therefore the judicial practice is difficult to accurately explain the connection point of foreign medical dispute.Based on the analysis of the connotation and significance of the connection point,the general method of connecting point was discussed.With these methods,the connection points of Chinese foreign medical dispute were explained-the place of tort,habitual residence,consensus of parties,proximate connection.