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Medical Negligence Law In Transitional China
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Book Synopsis Medical Negligence Law in Transitional China by : Chunyan Ding
Download or read book Medical Negligence Law in Transitional China written by Chunyan Ding and published by Open Dissertation Press. This book was released on 2017-01-28 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This dissertation, "Medical Negligence Law in Transitional China: a Patient in Need of a Cure" by Chunyan, Ding, 丁春艳, was obtained from The University of Hong Kong (Pokfulam, Hong Kong) and is being sold pursuant to Creative Commons: Attribution 3.0 Hong Kong License. The content of this dissertation has not been altered in any way. We have altered the formatting in order to facilitate the ease of printing and reading of the dissertation. All rights not granted by the above license are retained by the author. DOI: 10.5353/th_b4391369 Subjects: Medical personnel - Malpractice - China Medical errors - China Medical laws and legislation - China
Book Synopsis MEDICAL NEGLIGENCE LAW IN TRAN by : Chunyan Ding
Download or read book MEDICAL NEGLIGENCE LAW IN TRAN written by Chunyan Ding and published by Open Dissertation Press. This book was released on 2017-01-28 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: This dissertation, "Medical Negligence Law in Transitional China: a Patient in Need of a Cure" by Chunyan, Ding, 丁春艳, was obtained from The University of Hong Kong (Pokfulam, Hong Kong) and is being sold pursuant to Creative Commons: Attribution 3.0 Hong Kong License. The content of this dissertation has not been altered in any way. We have altered the formatting in order to facilitate the ease of printing and reading of the dissertation. All rights not granted by the above license are retained by the author. DOI: 10.5353/th_b4391369 Subjects: Medical personnel - Malpractice - China Medical errors - China Medical laws and legislation - China
Book Synopsis Medical Negligence Law in Transitional China by : Chunyan Ding
Download or read book Medical Negligence Law in Transitional China written by Chunyan Ding and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contributes to a better understanding of past developments and current problems in Chinese medical negligence law and is a useful source to understand the topics of professional negligence and personal injury in Chinese law and in the Chinese society.
Book Synopsis Medical Malpractice and Compensation in Global Perspective by : Ken Oliphant
Download or read book Medical Malpractice and Compensation in Global Perspective written by Ken Oliphant and published by Walter de Gruyter. This book was released on 2013-10-29 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: The papers in this collection are drawn from a symposium held in Vienna in December 2010. Organised by the Institute for European Tort Law and the Chicago-Kent Law Review, in collaboration with the European Centre of Tort and Insurance Law, the conference drew together legal experts from 14 national or regional systems across six continents. Medical malpractice and compensation for medical injuries are issues which regularly create tension and innovation in national legal systems but the analysis of these areas is often limited to national audiences. This study examines the issues in a uniquely global context, demonstrating the breadth of approaches currently taken around the world and revealing key areas of tension and the likely direction of future developments. Wherever possible, the analysis is supported by reference to empirical data. The 14 legal systems covered in the collection are Austria, Brazil, Canada, China, France, Germany, Italy, Japan, New Zealand, Poland, Scandinavia, South Africa, the United Kingdom and the United States. A general comparative introduction completes the collection.
Book Synopsis Dispute Resolution in China by : Weixia Gu
Download or read book Dispute Resolution in China written by Weixia Gu and published by Routledge. This book was released on 2021-02-22 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: China's ever-expanding commercial influence has attracted global attention on how its civil and commercial disputes are resolved. This compelling new book, Dispute Resolution in China, offers a detailed examination of the elements in the Chinese legal system and the relevant reforms to the multiplicity of approaches to civil and commercial disputes in China today. This book reveals how civil litigation, commercial arbitration, mediation, and their hybrid dispute resolution have distinctly responded to, reformed, and developed in the context of China’s transformational economic growth, societal development, and international interaction in the last two decades. It situates these developments and continued experimentation within a unique hybrid of empirical, contextual, and comparative analytical framework, while paving productive pathways towards the future. This book argues that, rather than being a legal project, China’s civil and commercial dispute resolution system is essentially a social development project, which distinguishes the Chinese approach to civil justice reform from contemporary civil justice movements elsewhere. Among the primary methods of dispute resolution, commercial arbitration in China today uniquely transcending the traditional socio-political constraints, its reform has developed in favor of market-oriented considerations and shaped by China’s socio-economic dynamics and internationalization needs. By contrast, civil litigation and mediation being more instrumentalist in nature, their reform is socio-politically embedded and continues to prioritize social stability. This book also shines a fresh light on comparative assessments of top-down and bottom-up changes in China’s dispute resolution discourse, as well as on how China speaks to international dispute resolution systems. Original and rich in its analysis, this book will be essential reading and invaluable reference tool for scholars with a focus on Chinese law, comparative and international dispute resolution, and on broader legal, institutional, economic, social, political and cultural dimensions of dispute resolution development.
Book Synopsis Preventing Medical Malpractice and Compensating Victimised Patients in China by : Xiaowei Yu
Download or read book Preventing Medical Malpractice and Compensating Victimised Patients in China written by Xiaowei Yu and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction -- Health care provision and regulation -- Compensation for Iatrogenic injuries under Tort Law -- Medical disputes, Iatrogenic injury, malpractice litigation, and patient compensation : empirical evidence -- Other compensation schemes -- A doctrinal evaluation and tentative conclusions -- Preventing medical errors throught Tort Law : theoretical models -- Preventing medical errors throught Tort Law : empirical evidence and updated models -- Preventing medical errors through alternative regimes -- The fault-based compensation mechanisms for Iatrogenic injuries -- Medical compensation mechanisms not based on fault -- As economic analysis of the Chinese medical malpractice system -- Concluding remarks and policy recommendations
Book Synopsis Medical Decision-Making on Behalf of Young Children by : Imogen Goold
Download or read book Medical Decision-Making on Behalf of Young Children written by Imogen Goold and published by Bloomsbury Publishing. This book was released on 2020-09-17 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the wake of the Charlie Gard and Alfie Evans cases, a wide-ranging international conversation was started regarding alternative thresholds for intervention and the different balances that can be made in weighing up the rights and interests of the child, the parent's rights and responsibilities and the role of medical professionals and the courts. This collection provides a comparative perspective on these issues by bringing together analysis from a range of jurisdictions across Europe, North and South America, Africa and Asia. Contextualising the differences and similarities, and drawing out the cultural and social values that inform the approach in different countries, this volume is highly valuable to scholars across jurisdictions, not only to inform their own local debate on how best to navigate such cases, but also to foster inter-jurisdictional debate on the issues. The book brings together commentators from the fields of law, medical ethics, and clinical medicine across the world, actively drawing on the view from the clinic as well as philosophical, legal and sociological perspectives on the crucial question of who should decide about the fate of a child suffering from a serious illness. In doing so, the collection offers comprehensive treatment of the key questions around whether the current best interests approach is still appropriate, and if not, what the alternatives are. It engages head-on with the concerns seen in both the academic and popular literature that there is a need to reconsider the orthodoxy in this area.
Book Synopsis The Evolving Legal Mechanism for Medical Malpractice Dispute Resolution in China by : Nuannuan Lin
Download or read book The Evolving Legal Mechanism for Medical Malpractice Dispute Resolution in China written by Nuannuan Lin and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Article investigates the evolution of the Chinese legal mechanism for medical malpractice dispute resolution (MMDR) from the establishment of the first rules for MMDR in 1955 to the promulgation of the Regulation on Preventing and Dealing with Medical Malpractice Disputes in 2018. Using historical documents and chronicled sources, it reveals the politicization of adverse events in the 1950s-70s and explores how the unique historical and political context created a different philosophical and practical foundation for the Chinese mechanism for MMDR. In contrast to the common law position that treats medical malpractice as a breach of the duty of care to patients, the Chinese mechanism treated medical malpractice as a breach of duties which a health care professional owed to the health administration system. In comparison with the common law approach that allocates medical malpractice cases to private law, the Chinese approach allocated medical malpractice cases to an administrative-led dispute resolution system. That is why, as this article explains, the Chinese MMDR mechanism focused on disciplinary and regulatory functions rather than the function of redressing damages in the early stages of its development.This early philosophical and practical foundation was altered by the Chinese economic and health system reforms initiated in 1978 and 1985. As the reforms transformed patients into consumers of health services, pecuniary compensation became an unavoidable issue for the MMDR mechanism. The article then tracks changes in the laws and regulations governing medical malpractice disputes during 1987-2018 and takes judicial practice into account when explaining how the MMDR mechanism shifts its legitimacy from one based on health administrative rules to one based on the Chinese civil laws and shifts its function from deterring medical malpractice to compensating for medical injuries. The results of this research shed light on the social dynamics of legal reform, suggesting that the evolution of the Chinese legal mechanism may be understood as a dynamic product of an on-going interaction between law and society.
Download or read book Clinical Labor written by Melinda Cooper and published by Duke University Press. This book was released on 2014-01-22 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Forms of embodied labor, such as surrogacy and participation in clinical trials, are central to biomedical innovation, but they are rarely considered as labor. Melinda Cooper and Catherine Waldby take on that project, analyzing what they call "clinical labor," and asking what such an analysis might indicate about the organization of the bioeconomy and the broader organization of labor and value today. At the same time, they reflect on the challenges that clinical labor might pose to some of the founding assumptions of classical, Marxist, and post-Fordist theories of labor. Cooper and Waldby examine the rapidly expanding transnational labor markets surrounding assisted reproduction and experimental drug trials. As they discuss, the pharmaceutical industry demands ever greater numbers of trial subjects to meet its innovation imperatives. The assisted reproductive market grows as more and more households look to third-party providers for fertility services and sectors of the biomedical industry seek reproductive tissues rich in stem cells. Cooper and Waldby trace the historical conditions, political economy, and contemporary trajectory of clinical labor. Ultimately, they reveal clinical labor to be emblematic of labor in twenty-first-century neoliberal economies.
Book Synopsis Towards a Chinese Civil Code by : Lei Chen
Download or read book Towards a Chinese Civil Code written by Lei Chen and published by Martinus Nijhoff Publishers. This book was released on 2012-11-13 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: Currently, China is drafting its new Civil Code. Against this background, the Chinese legal community has shown a growing interest in various legal and legislative ideas from around the world. "Towards a Chinese Civil Code" aims at providing the necessary historical and comparative legal perspectives. The book addresses the following topics: property law, contract law, tort law and civil procedure.
Book Synopsis China and Hong Kong in Legal Transition by : Joseph W. Dellapenna
Download or read book China and Hong Kong in Legal Transition written by Joseph W. Dellapenna and published by American Bar Association. This book was released on 2000 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: The report of the International Legal Exchange (ILEX) delegation to Beijing and Hong Kong in May 1998. The purpose of the delegation was to observe developments in the laws and legal institutions of China that are rapidly altering China's legal and economic landscape and to review the legal situation in Hong Kong since its reversion to Chinese sovereignty in July 1997.
Book Synopsis The Economics and Politics of China’s Energy Security Transition by : Hongtu Zhao
Download or read book The Economics and Politics of China’s Energy Security Transition written by Hongtu Zhao and published by Academic Press. This book was released on 2018-09-05 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Economics and Politics of China’s Energy Security Transition clarifies China’s energy and foreign policies through a comprehensive examination of energy sources, providing an insider’s unique perspective for assessing China’s energy policies. China’s historic decline in coal consumption since 2013-2014 and a plateauing of its carbon dioxide emissions have given China an unprecedented opportunity to decarbonize while growing its economy. In response to global questions about China’s institutional, administrative, and political challenges and risks, this book provides the answers that everyone is asking. Provides a rare assessment of China’s energy policies and reveals insights into the Chinese government Devotes attention to issues of global energy governance and energy sanctions Includes data and reference content suitable for researchers in economics, sustainability, energy policy, geopolitics and political science
Book Synopsis Mediation in the People's Republic of China and Hong Kong (SAR) by : Sarah E. Hilmer
Download or read book Mediation in the People's Republic of China and Hong Kong (SAR) written by Sarah E. Hilmer and published by Boom Eleven International. This book was released on 2009 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the mediation systems of mainland China and Hong Kong. Although no mediation law currently exists in either system, there are various provisions and institutional rules referring to mediation. In order to understand the distinct legislative mediation approach in both systems, the historical development of mediation is examined. In addition, the involvement of the judiciary and the mediation areas of the People's Republic of China (PRC) and Hong Kong are covered. The author sets out the differences and similarities between the two systems and concludes that the "one country, two systems" principle also applies to PRC's and Hong Kong's mediation systems: one country, two mediation systems. As mediation is increasingly used to settle commercial disputes, and as China's role in international commerce is becoming pivotal, a book that specifically deals with mediation in China cannot fail to be of importance to anyone interested in mediation.
Book Synopsis Medical Law in Ireland by : Simon Mills
Download or read book Medical Law in Ireland written by Simon Mills and published by Bloomsbury Publishing. This book was released on 2017-09-30 with total page 741 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique Irish law book is a core text for any student of medicine, dentistry, radiography, physiotherapy, psychiatry or nursing, as well as legal practitioners advising clients in this area. Medical Law in Ireland (originally titled: Clinical Practice and the Law) brings together all applicable Irish law in an easy-to-read style and provides clear day-in day-out guidance for clinical practitioners, students and legal practitioners working in Ireland. This new edition sees an added emphasis on those areas of interest to legal practitioners, however there remains a wealth of information for those working in medical fields. Of particular note in this regard are the chapters on Clinical Negligence, Consent to Medical Treatment, End of Life, and Coroners Law and Other Issues arising after Death. These are all given in-depth treatments which provide the necessary information for those in day-to-day practice as well as those with an academic interest. Recent legislative changes are taken into account such as 2015's Montgomery vs Lanarkshire Health Board, as well as cases from the Medical Council. The two chapters on mental health reflect the growing importance need for clarity in this area. Author Simon Mills trained and qualified first as a doctor before moving into law. Now a barrister, he has specialized in medical law and brings both aspects of his experience to his work. His areas of particular interest are in clinical negligence, professional regulatory law, mental capacity and coroners' inquests.
Book Synopsis Criminal Intent and Homicide Law in Qing and Republican China by : Jennifer Michelle Neighbors
Download or read book Criminal Intent and Homicide Law in Qing and Republican China written by Jennifer Michelle Neighbors and published by . This book was released on 2004 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Politics of Law and Stability in China by : Susan Trevaskes
Download or read book The Politics of Law and Stability in China written by Susan Trevaskes and published by Edward Elgar Publishing. This book was released on 2014-07-31 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Politics of Law and Stability in China examines the nexus between social stability and the law in contemporary China. It explores the impact of Chinese Communist Partyês (CCP) rationales for social stability on legal reforms, criminal justice opera
Book Synopsis Research from Archival Case Records by : Philip C.C. Huang
Download or read book Research from Archival Case Records written by Philip C.C. Huang and published by BRILL. This book was released on 2014-04-30 with total page 586 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal history studies have often focused mainly on codified law, without attention to actual practice, and on the past, without relating it to the present. As the title—Research from Archival Case Records: Law, Society, and Culture in China—of this book suggests, the authors deliberately follow the research method of starting from court actions and only on that basis engage in discussions of laws and legal concepts and theory. The articles cover a range of topics and source materials, both past and present. They provide some surprising findings—about disjunctures between code and practice, adjustments between them, and how those reveal operative principles and logics different from what the legal texts alone might suggest. Contributors are: Kathryn Bernhardt, Danny Hsu, Philip C. C. Huang, Christopher Isett, Yasuhiko Karasawa, Margaret Kuo, Huaiyin Li, Jennifer M. Neighbors, Bradly W. Reed, Matthew H. Sommer, Huey Bin Teng, Lisa Tran, Elizabeth VanderVen, and Chenjun You.
