医患关系与消费者-经营者关系:揭开争论的面纱

本文针对争论多年的医患关系是否是消费者-经营者关系的问题,以现行法为依据展开讨论。文章首先讨论了"医患关系"和"消费者-经营者关系"的法律含义,以确定这两个范畴间是否存在交集;接着列举并系统地辨析了持肯定观点者和持否定观点者各自的论据。之后,文章探讨了若患者是消费者,将会对患者的权利和医疗机构的义务和法律责任造成的影响;最后从法律政策的角度分析法律是否应当认可患者的消费者地位。

Physician-patient relationship v. consumer-provider relationship: lifting the veil of the debate

This paper focuses on the long time debate whether physician-patient relationship is kind of Consumer-provider relationship based upon the current law. It first discusses the statutory meaning of physician-patient relationship and Consumer-provider relationship,in order to determine whether there is overlapping area between these two concepts. The paper then systematically enumerates and analyses various reasons held by both opponents and proponents. In the third part,it discusses the duties and liabilities of health care institutions as well as the rights of patients when the latter were regarded as consumers. The paper finally analyzes whether patients should be considered as consumer in law from the perspective of legal policy.