我国公立医院法律属性重构及治理路径分析

摘要

With the medical reform going into the deep water area,many systematic and mechanic contradictions come into prominence. The legal attribute of public hospital is the basic problem which needed to be solved. It has been a long term for us to define the public hospital as institutional organization, but this kind of classification has been unable to adapt to the new requirements of deeper healthcare reform. The most prominent problem is lack of enough independent property and spirit, which is not consistent to the tendency of worldwide medical reform that is to enlarge the hospital autonomy and independency, introduce competition mechanism, and strengthen external supervision. Therefore, in this paper, we think the medical service system should be diversified and scholars need to reconstruct the legal attribute of public hospital in order to clarify the relationship between government and the hospital. Eventually we can construct a new medical service governance system which is competitive and efficient under the precondition of fulfilling public welfare responsibilities.%随着医改进入深水区，各种体制性、机制性矛盾突显，其中公立医院的法律属性是需要解决的基本问题。长期以来将公立医院定义为事业单位法人，但随着医改的不断深入，这种归类方法已不能很好地适应新要求，最突出的表现就是缺乏足够的财产独立和意志独立，这与世界医改扩大医院自主权、增强医院独立性、引入竞争机制、加强外部监督等趋势不协调。研究认为，公立医疗服务构成应当多元化，学界需要对国内公立医院法律属性进行重构，理顺政府与医院的权利义务关系，构建出既能保证公立医院公益性又能充分发挥其独立性和竞争力的医疗服务治理体系。