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医患法律关系性质的界定是正确理解法律、适用法律的基础。我国相关学说虽然多,但仅仅是站在某一个立场,或以某一现象为基础,难免会有失偏颇。理论界的研究尚欠深入,司法实践中也有不少问题。文章从法学的角度论证,医患法律关系的基本性质是民事法律关系,它不属于民事合同关系,而与侵权责任关系有相似,但由于医学科学和医疗行为的特殊性,它应是一种特殊的侵权责任法律关系。
The definition of the nature of the legal relationship between doctors and patients is the basis for a correct understanding of the law and the application of the law. Although there are many related theories in our country, it is inevitable that we will inevitably be biased to just stand on one position or on the basis of a certain phenomenon. There is still a lack of in-depth theoretical research, and there are many problems in judicial practice. The article argues from the legal point of view that the basic nature of the legal relationship between doctors and patients is the relationship between civil law and civil law. It does not belong to the civil contractual relationship, but has the similar relationship with tort liability. However, due to the particularity of medical science and medical behavior, it should be a Special tort liability legal relationship.