关键词: 医患关系, 法律特征, 法律属性, 特有原则

Abstract: It is disputed domestically whether Medical Law (Health Law) is a part of civil law or administrative law. This article, based on analyzing fundamental features of medical science and medical conducts, points out that medical relations do not possess any essential qualities of a civil relation, i.e. the equality of the parties, self-autonomy, reciprocity and mutual benefit; and in medical relations, there are no administrative subject and administrative counterpart as exist in administrative relations. Therefor, the article pioneers in advocating that medical law is an independent jurisprudence which governs relations neither lateral (the civil relation) nor vertical (the administrative relation) but oblique (the medical relations). After the elaboration of the attributes of medical relations, the article reveals the unique principles and rules in settling medical disputes, which constitute guidelines to seek a fair resolution of medical disputes.

Key words: medical relations, legal attributes, unique principles