为了依法公正地保护医患双方平等主体间的根本利益,法律界呼吁三大法律问题亟待明确。一是医患关系究竟是何关系?由于各地及各个法院的认识不一,导致对此关系的认识不一。从案由上看,医患关系似乎是合同关系,但在判案中适用的却是《民法通则》,而不是《合同法》。有些地方法院则将医患关系确立为医疗消费关系,病人社会身份的确 In order to protect the fundamental interests of equal subjects between doctors and patients in accordance with the law, the legal profession urges the three major legal issues to be clarified urgently. First, what is the relationship between doctor-patient relationship? Because of the different opinions of different places and courts, the understanding of this relationship is different. From the point of view of the case, the doctor-patient relationship seems to be a contractual relationship, but the “Civil Code” is applicable in the case instead of the “Contract Law.” In some local courts, the doctor-patient relationship is established as a medical consumption relationship. The patient's social status is indeed