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长期以来,医患关系在理论上被视作为民事法律关系,相关的法律制度也基本上是按照“民事法律关系说”所设计的。虽然医患关系部分具有民事法律关系的特征,但是医患关系与一般的民事法律关系存在本质的差别。当前,秉承该学说的医疗诉讼模式已经充分暴露了“民事法律关系说”的理论缺陷,我们需要重新对医患关系的本质属性进行深入分析,以期对当前的医疗诉讼模式进行改革。
For a long time, the doctor-patient relationship is theoretically regarded as a civil legal relationship, and the relevant legal system is basically designed in accordance with the “civil legal relations”. Although the doctor-patient relationship has the characteristics of civil legal relationship, there is an essential difference between doctor-patient relationship and general civil legal relationship. At present, the medical litigation mode which upholds this theory has fully exposed the theoretical flaws of “civil legal relations theory ”, we need to re-analyze the essential attributes of the doctor-patient relationship in order to reform the current medical litigation mode.