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近年来,医疗损害赔偿纠纷频繁发生,双方当事人对纠纷处理结果认同度不高,出现了作为债权人的患者及其家属拒绝受领赔偿的情形。以民法思维考量,该问题实质上是医疗损害赔偿之债的清偿问题,也即债权人受领迟延。可以引入传统民法理论的提存机制来解决医疗损害赔偿纠纷中拒绝受领赔偿问题,从根本上消灭医疗损害赔偿之债。引入提存机制可行性的原因在于提存理由适当、提存主体适格、提存物主要为金钱之债。
In recent years, disputes over medical damages have occurred frequently, and both parties have a low degree of identity with regard to the outcome of disputes, resulting in the refusal of patients as creditors and their families to claim compensation. Considering civil law thinking, the issue is essentially the issue of the settlement of the debts of medical damages, that is, the delay of creditors’ acceptance. We can introduce the deposit mechanism of traditional civil law theory to solve the problem of claiming compensation in medical damages dispute and eliminate the debt of medical damages fundamentally. The reason for introducing the feasibility of the deposit mechanism lies in the fact that the deposit is justified, the deposit is appropriate and the deposit is mainly a money loan.