近来医疗科学技术快速发展,再加上来自医疗体制及社会环境各方面的影响,过度医疗的现象十分普遍,已成为一个不容忽视的问题。在我国《侵权责任法》第63条中已提到医疗机构和医疗人员不得违反诊疗规范实施不必要的检查,但此条规定仍有很多不明确的地方,因此有必要进一步研究过度医疗侵权责任。 Recently, with the rapid development of medical science and technology, coupled with the impact from all aspects of the medical system and social environment, the phenomenon of over-medical treatment is very common and has become a problem that can not be ignored. In Article 63 of China’s Tort Liability Law, it has been mentioned that medical institutions and medical staffs may not carry out unnecessary inspections in violation of medical treatment norms. However, there are still many ambiguities in this Article, so it is necessary to further study the responsibility of excessive medical tort liability .