中医医疗侵权损害法律问题探析

Discussion on the Legal Problems in the Field of TCM Medical Tort Damage

由于我国缺乏完备的中医药法律体系,在中医医疗领域类似于过失医疗、过错医疗和借中医幌子行骗等侵权行为时有发生。通过分析中医医疗侵权行为的主要类型及特点,探讨中医医疗侵权行为的构成要件、中医医疗损害责任的归责原则、中医医疗损害责任的免责事由等问题,从而促进中医医疗朝着规范化和合法化方向发展。

With the economy development of our country and the enhancement of people lives, we are paying more and more attention to the traditional Chinese medicine （TCM） medical in recent years. However, at present, the legal system of TCM in China is imperfect. Many tort acts have occurred, such as medical negligence, fault medical and cheat in the name of TCM. Thus, in order to make the TCM medical more normalization and legalization, we analyze the main type and trait of TCM tort; discuss the composition elements, the liability principle and the exemptions of TCM medical damage liability, etc.