医患关系与消费者-经营者关系: 解开争议的面纱

This paper focuses on the long time debate whether physician-patient relationship is kind of Consumer provider relationship based upon the current law. It first discusses the statutory meaning of physician-patient relationship and Consumer-provider relationship, in order to determine whether there is overlapping area between these two concepts. The paper then systematically enumerates and analyses various reasons held by both opponents and proponents. In the third part, it discusses the duties and liabilities of health care institutions as well as the rights of patients when the latter were regarded as consumers. The paper finally analyzes whether patients should be considered as consumer in law from the perspective of legal policy.