| 摘要: |
| 医患之间关系分民事法律关系和行政法律关系。民事法律关系分为非典型合同关系和承揽合同关系，行政法律关系分为行政给付关系和行政强制关系。在基本医疗被定性为公共产品后，行政给付关系成为医患关系的重要组成部分。按照行政法的一般原理，当医疗机构与患者之间是行政法律关系时，因医疗行为引发的不利后果理应因由国家承担。 |
| 关键词: 医患关系 非典型合同 承揽合同 行政给付 行政强制 |
| DOI： |
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| 基金项目: |
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| Restudy of Doctor-patient Relationship’s Nature and Classification |
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| Abstract: |
| The relationship between doctors and patients includes civil legal relationship and administrative legal relationship. The civil legal relationship includes atypical contract and contract for hired work. The administrative legal relationship is divided into administrative benefit relations and administrative relationship. The administrative benefit relation has become the most important part of the doctor-patient relationship when the basic medical is characterized as public products. In accordance with the general principles of administrative law, the country should undertake responsibility when the relationship between doctors and patients is characterized as administrative legal relationship. |
| Key words: doctor-patient relationship, atypical contract, contract for hired work, administrative, administrative compulsory |
