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医患法律关系属于民事合同法律关系,受到民法通则、合同法、消费者权益保护法等民事法律以及涉及医疗的专门性法律、法规、规章的调整。医院的义务和患者权利的范围应当根据双方的约定和上述法律、法规、规章来加以确定,并且受到医疗科学的特性、患者自身行为的限制。构建和谐的医患关系有赖于对现有权利义务范围进行解释、制定医疗服务法、建立医疗保障体制,但从根本上看,医患关系的和谐在于社会大环境的改善。
The legal relationship between doctors and patients belongs to the legal relationship of civil contract and is subject to the civil law such as the General Principles of Civil Law, the Contract Law and the Consumer Protection Law, as well as the special laws, regulations and rules concerning medical treatment. The obligations of the hospital and the scope of patients’ rights should be determined according to the agreement of both parties and the above laws, regulations and rules, and be restricted by the characteristics of medical science and the patient’s own behavior. Building a harmonious relationship between doctors and patients depends on the interpretation of the scope of the existing rights and obligations, the development of medical services law, the establishment of medical security system, but fundamentally, the harmony between doctors and patients lies in the improvement of social environment.