我国医疗责任公益信托模式的构建和分析

为有效化解医疗纠纷，解决对医疗责任的赔偿问题，我国近十年来相继在部分省市实施了医疗责任保险，但各地现有的医疗责任保险均难以展开，寻求一种新的医疗责任风险分担模式尤为迫切。本文试图用理论和实际相结合的方法，在确立我国医疗责任公益信托的基本理论框架体系的基础上，探讨我国实施医疗责任公益信托模式的可行性。对解决我国医疗责任保险的商业性与医疗纠纷解决公益性之间的矛盾，加快医疗纠纷的有效解决，促进医患和谐有着重要的意义。

Construction and Analysis of Chinese Charitable Trust Mode for Medical Liabilities

For the effective dissolving of medical disputes and the settlements of medical injury patients compensations, medical liability insurance has been implemented in several provinces of China in succession in the past 10 years. But the present mode for medical liabilities across the country is inadequate, and it is urgent to explore new medical risk-sharing mode. Through combining methods of theoretic researches with the reality, and based on a basic theoretic framework of charitable trust for the medical liabilities, the feasibility analysis of charitable trust mode for medical liabilities is explored. The present study has important implications for dissolving the contradictions of commercialism of medical liability insurances versus charitable trust of medical dispute resolution, accelerating the effective settlements of medical disputes and promoting the patient-doctor harmony.