Which department is responsible for the supervision and management of nurses in the country?

It should be the responsibility of the Health Bureau.

1. What conditions should the person in charge of the medical institution have?

1. Pass the physician's practice technical assessment and obtain the "Physician Practice Certificate";

2. After obtaining the "Physician Practice Certificate" or the title of physician, engage in clinical work in the same specialty for more than five years;

3. Other conditions stipulated by the health administrative departments of provinces, autonomous regions and municipalities directly under the Central Government.

Technical standards for physician practice shall be formulated separately.

The conditions for individuals setting up clinics in townships, towns and villages shall be prescribed by the health administrative departments of provinces, autonomous regions and municipalities directly under the Central Government.

2. What is the scope of liability of the legal person of the medical institution?

As the main person in charge and manager of a medical institution, the legal person of a medical institution has a wide range of responsibilities, including the management responsibility of the medical institution, joint and several liability for medical accidents, etc. In the event of a serious medical malpractice, not only the medical institution will have to bear civil compensation, but its legal representative will also be held accountable, and if there is dereliction of duty, he will also be investigated for criminal liability.

1. The legal representative of an enterprise legal person engages in civil activities on behalf of the legal person, and after becoming the legal representative, his natural personality is absorbed by the legal person, and the responsibilities for the civil acts carried out in the capacity of the legal person representative are borne by the legal person. However, the responsibility for exercising civil acts unrelated to the status of the legal representative shall be borne by the legal representative, and where the legal representative is at fault in exercising the right of representation in violation of laws and regulations, he shall bear the corresponding responsibility.

2. According to the provisions of China's law, a medical institution is a legal person, and if there is a dispute between a patient and a medical institution, the party responsible is the medical institution, not its main person in charge. Under special circumstances, such as when the unit is involved in a crime, the principal responsible person may bear criminal responsibility.

3. Article 36 of the General Principles of the Civil Law stipulates that a legal person is an organization that has the capacity for civil rights and civil conduct, and independently enjoys civil rights and bears civil obligations in accordance with the law. A legal person's capacity for civil rights and civil conduct arises when the legal person is established and is extinguished when the legal person is terminated.

3. What are the legal risks of medical institution legal persons?

1. Civil liability: Although the legal person bears responsibility for the illegal acts of the legal person, the legal representative is not exempted from other liabilities arising therefrom, and can also be punished with administrative sanctions, fines and other penalties. The liability of the legal representative is a statutory responsibility, and the legal liability cannot be countered by internal agreement.

2. Criminal liability, under normal circumstances, the nominal legal representative is basically not liable. However, if there is no relevant agreement between the nominal legal representative and the actual person in charge, there is a risk that the criminal responsibility will be borne by the person who is being held criminally responsible. According to Article 31 of the Criminal Law of our country:

Where a unit commits a crime, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be sentenced to criminal punishment.