There are a very small number of doctors in the app bet365 download service industry who provide improper app bet365 download treatment、The phenomenon of over-app bet365 download treatment，How to understand the legal responsibilities of relevant entities，How to carry out system design under existing conditions to improve the quality of app bet365 download services、Improving doctor-patient relationship？This article attempts to analyze this important issue。

　　Information asymmetry in expert services in the app bet365 download industry

app bet365 download services have obvious characteristics of “expert service” (or “credit service”)，This characteristic determines the particularity of app bet365 download services。The so-called "expert service" refers to a type of product or service where there is an insurmountable information asymmetry between the provider and the user of the product or service。Providers of expert services not only decide which services are necessary and necessary，And provide services directly。Due to the complexity of the service，Users of services (e.g. patients in app bet365 download services) are incapable of judging the specific quality of the service，There is no way to judge which services are unnecessary (such as maintenance services recommended by car 4S stores)。app bet365 download、Law、Financial services and certain precision machinery maintenance services are typical expert services。

Expert service in progress，Information asymmetry is the key factor。Experience display，As the party with information advantage，app bet365 download staff often abuse their information advantages consciously or unconsciously，Recommend unnecessary treatment，Or over-treatment。In other words，Service as a Category 1 Expert，app bet365 download services lack proper system design and legal supervision，It is extremely easy for some degree of inappropriate app bet365 download behavior to occur。app bet365 download misconduct can manifest itself in the provision of below-normal service in certain circumstances，Or more often，For the purpose of pursuing economic interests，Provide unnecessary、Excessive app bet365 download treatment and excessive charges。For example, there was a period in our country，Because caesarean section brings more benefits to the hospital，There has been an unusual increase in unnecessary caesarean sections，Many births are encouraged to be caesarean sections。Similar app bet365 download misconduct including unnecessary CT、NMR examination、Unnecessary heart stent surgery, etc.。Recent research has also shown that，The rate of over-medication in my country’s app bet365 download system may be as high as 70%。And inappropriate app bet365 download behaviors caused by app bet365 download services as expert services are not limited to our country，Many developed countries have similar situations，For example, some data from Western countries show，Among relatives of app bet365 download staff，C-section rates are much lower。A statistic from Switzerland，The general patient population has a 33% higher rate of 7 common types of surgeries than the doctors and their families population，The rate at which lawyers (and their families) receive the above surgeries is much lower than that of the general population，Stay basically consistent with doctors and their family members。If the proportion of doctors’ families receiving surgeries is used as the baseline，As a country rich in app bet365 download resources，The only explanation behind the above discrepancy is that the physician community performs a significant number of unnecessary surgeries on the average patient。In addition，From the United States、Japan、India、Norwegian data shows that app bet365 download staff have financial motivations，Will significantly provide more app bet365 download services，This leads to over-app bet365 download treatment。So at least some doctors often don’t do their best to do their job，In the field of tumor treatment，Based on the reasons mentioned earlier，This is undoubtedly an area where overtreatment and other inappropriate treatments are very likely to occur。

　　Fiduciary duties of app bet365 download service providers

Imposing necessary fiduciary obligations on app bet365 download service providers is an effective means to deal with the problem of "expert services"。Serving as a specialist during app bet365 download procedures，The app bet365 download party actually acts as a trustee with full authority to manage the patient’s health rights and economic interests，This kind of full management reflects the patient’s trust and trust in the app bet365 download provider，Therefore, the core of the relationship between doctors and patients is the trust relationship。Therefore，Fiduciary duties designed for trust - the legal obligations of trustees based on trust，The core content is the prohibition of conflicts of interest - it is the most targeted legal system。When fiduciary obligations require app bet365 download personnel to violate the interests of patients for their own benefit，Should bear corresponding legal responsibilities，It has become a “core” legal system in many fields，But it has not been clearly established in the field of app bet365 download services。

The good effect of restricting improper app bet365 download behavior through legal liability can be seen in the relevant Swiss research mentioned above，The lawyers in this study rarely underwent unnecessary surgeries，The reason is that the lawyer group is considered a "risky" group，Health care providers are therefore more cautious in evaluating the care needed by attorney patients。In other words，The legal risks and liabilities that may arise from improper surgery deter unnecessary app bet365 download practices。This kind of lawyer、Care for yourself and your relatives should apply to all patients，The means to achieve this cautious effect is that each patient has sufficient and effective legal means to protect his or her legal health、Economic benefits。my country’s existing laws are mainly reflected in tort liability when serious app bet365 download errors occur，And the legal remedies are also very limited in the case of app bet365 download infringement。Existing app bet365 download tort lawsuits require serious app bet365 download negligence，And the proceedings are lengthy。Although the new mediation procedure has broadened the channels for dispute resolution，But，Excessive app bet365 download treatment and other behaviors that seriously damage the economic interests of patients but have no obvious or serious app bet365 download consequences，There is no effective legal remedy。The highly specific fiduciary duty requires app bet365 download providers to care for their patients as they would their own family members，Therefore, inappropriate app bet365 download behaviors involved in the “tumor treatment shady story” can be dealt with in a targeted manner。

　　Separation of diagnosis and app bet365 download and "secondary diagnosis"

Characteristics of credit products for app bet365 download services，One possible alternative would be to separate the diagnosis and treatment of disease (including the sale of medicines)，The app bet365 download staff who provide the diagnosis only provide the diagnosis，The treatment and medicines are provided by other app bet365 download staff。This is a design because the treatment is provided by a third party，Thus reducing the opportunity for diagnosers to obtain improper benefits by exaggerating disease diagnoses，Therefore, it can reduce their motivation to use information asymmetry to exaggerate the severity of the disease，It can appropriately alleviate the information asymmetry between the two parties of app bet365 download services。Research shows，The separation of diagnosis and treatment can significantly reduce the price of app bet365 download services and the problem of excessive app bet365 download care and services (26%)。Let’s take an example，Assume that the average treatment cost for pneumonia is 2,000 yuan，If the treatment cost for bronchitis is 1,000 yuan，When diagnosis and treatment are provided by the same app bet365 download institution，Diagnosing the disease as pneumonia will obviously lead to greater economic income。In the case of separation of diagnosis and treatment，Because the proceeds of treatment belong to a third party，The diagnoser intentionally misdiagnosed an upper respiratory tract infection as pneumonia (pneumonia would require more、More expensive treatments) do not directly benefit from it，So no more hidden illnesses、Motive for exaggerating disease diagnosis。Since the diagnosis has been made clear，And there are relatively certain treatment standards，Therefore, the treater can only charge for the treatment of upper respiratory tract infection，Cannot charge for pneumonia treatment。

Another way to reduce information asymmetry in app bet365 download services、A possible measure for excessive app bet365 download treatment is the opinions of other experts during the diagnosis and treatment process (or "secondary diagnosis")，That is, after the initial diagnosis of the disease and the treatment plan，When circumstances permit，Ask independent app bet365 download personnel to give their judgment and suggestions on the condition and treatment plan again for comparison。More studies show，The opinions of other experts are an effective means of reducing app bet365 download fraud。Not all diseases require a secondary diagnosis，But for some it is more complicated、Diseases that are easily treated improperly，Second diagnosis is considered to be of obvious value。Research shows，The possibility of secondary diagnosis is sufficient to significantly reduce the rate of overtreatment，This effect is especially obvious when the cost of bringing in other experts for secondary diagnosis is lower。If we say traditionally，Other expert opinions may be more costly，But with the development of artificial intelligence and telemedicine technology，When the cost of secondary diagnosis can be controlled，Introducing other expert opinions on certain types of diseases to reduce inappropriate behavior in app bet365 download services，May be necessary、Feasible means。For example，Since 2016，For certain surgeries that are easily overused，Such as spinal surgery, etc.，German legislation requires free and cost-free additional expert advice for these surgical procedures。Another example occurred in Switzerland，Some insurance companies offer a 10% to 15% out-of-pocket discount for customers who commit to seeking a second opinion before undergoing certain types of surgery。

In addition，The introduction of a reputation mechanism for app bet365 download personnel is also considered to be able to reduce inappropriate app bet365 download behavior to a certain extent。Research shows，app bet365 download staff’s reputational concerns may lead them to be more patient-friendly，It can also reduce the problem of excessive app bet365 download treatment and excessive charging of patients to a certain extent。But reputation mechanisms usually require a competitive environment，That is, in a competitive environment，The reputation mechanism is particularly effective。

In short，For the app bet365 download service industry that greatly affects people’s livelihood and has sharp conflicts，It is necessary and beneficial to carry out targeted responses based on accurately grasping its characteristics。The various laws mentioned above、The system may provide ideas for solving app bet365 download service problems，But we must also admit that it has some limitations，This also requires us to continue to carry out targeted research。

　(Author’s unit: Ocean University of China Law School；School of app bet365 download Humanities, Peking University)