随着国家医改制度的启动,进一步明确了公立医院的本质属性是非营利性事业法人,并承担政府一定的社会福利职能,具有公益性;同时由于医疗行为的特殊性决定了患者与医院关系不能等同于消费者与经营者关系;《消费者权益保护法》不适用于医疗服务。正确认识医疗服务行为的性质,对于维护医患双方的权益,缓解医患矛盾,促进医改制度的顺利进行具有现实意义。 With the start of the national medical reform system, it is further clarified that the essential attribute of public hospitals is a non-profit corporation and undertakes certain social welfare functions of the government and has public welfare. At the same time, the relationship between patients and hospitals can not be equated because of the particularity of medical behaviors The relationship between consumers and managers; “Consumer Protection Law” does not apply to medical services. Correct understanding of the nature of medical service behavior has the practical significance of safeguarding the rights and interests of both doctors and patients, alleviating the contradiction between doctors and patients, and promoting the smooth progress of the medical reform system.