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With an eye to the increasing Medical Malpractice Disputes, the relationships between Medical Doctors and patients are more and more intense. The phenomenon becomes common problem of civilized countries around the world. Our country is gradually stepping toward a developed nation and facing the same difficult situation. And as well known, the consequences of increasing Medical Malpractice Disputes (or intense relationships between Medical Doctors and patients) includes: the aspirations of the workers devoted to medical industry decrease, the medical-practice technology stops to progress, and the medical doctors resort to defensive medical practices. All the consequences described above are very detrimental to the medical industry which focuses on medical doctors, as well as to the health welfare of the crowd. In order to face and solve the problem, the research of the thesis tries to find out the effective solution. First, according to the nature of medical practices which are usually uncertain and unpredictable, we discuss the benefits and defects of the four main medical policies: Compulsory Mediation System, Decriminalization of Medical Negligence, Presumed Liability of Medical Behavior or No-Fault Liability of Medical Behavior, and No-Fault Compensation System of Medical Accident. After that, we illustrate why and how Compulsory Medical Doctor's Liability Insurance System is necessary to deal with the dilemma, and then propose the designed content and contractual mechanism of it for future further research. At last, we make criticism and analysis of the draft of Compulsory Medical Practice Liability Insurance Act proposed by the Legislative Yuan of Taiwan in 2005(exactly the same as the version of the draft proposed by the Legislative Yuan of Taiwan in 2003), and propose some suggestions of its revision. In the end of the thesis, we provide the conclusion of the subject discussed in the thesis (besides urge to establish Compulsory Medical Doctor's Liability Insurance System, also partially emphasize on continuously prevention of medical malpractice and medical injury). The thesis comprises five chapters as described below: The First Chapter: Describes the definition and characteristic of medical behaviors, as well as definition and classification of medical doctors. Then points out the motive and the purpose of the research, and presents the questions about the subject of the thesis. The Second Chapter: Discusses the benefits and defects of the four medical policies: Compulsory Mediation System, Decriminalization of Medical Negligence, Presumed Liability of Medical Behavior or No-Fault Liability of Medical Behavior, and No-Fault Compensation System of Medical Accident. The Third Chapter: Illustrates how Arbitrary Medical Doctor's Liability Insurance System isn't enough to resolve the problem, and analyzes the constitutionality and functionality of Compulsory Medical Doctor's Liability Insurance System. Then proposes the suggested content of Compulsory Medical Doctor's Liability Insurance System and how the contracts constitute. The Forth Chapter: Criticizes and analyzes the draft of Compulsory Medical Practice Liability Insurance Act proposed by the Legislative Yuan of Taiwan in 2005, and makes some suggestions of its revision. The Fifth Chapter: Draws conclusion of the subject of the thesis.
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