【关键词】 过失论 ; 信赖原则 ; 医疗纠纷 ; 医疗过失 ; 监管过失 ; 法律趋向
Abstract: On the fault in Germany, Japan and other countries experienced a fault of the old and new fault theory, the new super-fault of the three stages of development, not only for Germany, Japan and other countries fault crime has had a positive effect, but also for Germany, Japan and other countries medical Also finds that the fault is of positive significance, such as Germany and Japan lead the field of medical direction of development of the legal system. However, from the perspective of dialectical theory, the new fault of the old fault is only too self-confidence of the fault in the development of the theory, can only be the fault of the old part of the development and perfection of the new super-fault theory, the application of conditions , To object, the scope of the special nature, is only the new fault of the supplementary and improved, is still a new area of fault, not a substitute for the new fault of the dominant position. On the fault of the development, we not only to clear the area of the legal system of medical trends, pointing out the law to resolve medical disputes the trend, we have established a more comprehensive medical departments legal system, establish and perfect the legal system to resolve medical disputes provide a reference. In this article, the author introduced the fault of the development of the situation and its dialectical analysis, further study in a foreign country, dealing with medical disputes the legal trends, as well as on China\"s negligent acts that the medical field, medical dispute resolution of the Enlightenment, the final legislative proposal.
Key words: fault theory; trust principles of medical disputes; medical negligence; monitoring fault laws tend to