중국의 의료사고에 있어 손해배상액의 산정에 관한 비교법적 고찰

A Comparative Study about an Calculation of Damages in Medical Accident of China

In general, the calculation of damages in the future, such as future income losses and medical expenses for next years, is more complicated problem than the calculation of practical damages, such as medical expenses of an immediate need etc. Those matters above would be simply resolved in China. That is, calculation of damages in cases of the death or aftereffects following Medical Accident is based on original fixed income of victims or otherwise they could recover damages on the basis of calculation of the average salaries of workers in same or similar fields. The criterion of compensations as above is official law, “Medical Accident Treatment Regulation”, which is announced by China’s Affairs. This law chiefly regulates 11 categories including medical expenses, ransportation costs and expenditures for nursing and so on. It does not particularly discriminate between permanent employees and temporary employees and among students, housewives and retirees. Meanwhile, The Supreme People’s Court of the People’s of China declared their interpretation of jurisdiction on Dec 4th in 2003, in order to unify practical trials by eliminating various absurds related to the treatment of personal damage, which are currently handled by the interpretation of jurisdiction mentioned above. Therefore, it can be preferentially applied for personal damage as it goes with lawsuits in the case of clash between Medical Accident Treatment Regulation and the interpretation of jurisdiction. It might be considered as peculiar policy of China, which is developed by circumstances of China, such as socialist state, extreme difference between urban and rural areas and among each region and ununified practical lawsuits of each region and court.