The Study Of The Administrative Mediation Mechanism Of Medical Disputes In Our Country

The media is paying increasing attention to the medical disputes,and the unusual behavior of both medical institutions and medical workers will be of concern.But in recent years,the medical institutions which are expected to heal the wounded and rescue the dying and the patients seeking treatment have become the bitter enemies.For the sake of easing the tension between doctors and patients,both scholars in the theoretical level and executive agencies on the institutional aspect are sparing no efforts to explore the best solutions which are reconciliation,mediation and litigation at present.The paper centers on solving medical disputes with the administrative mediation mechanism,and it is divided into four parts:In the first part,it starts from the basic concepts,distinguishes the medical disputes and medical disputes,medical disputes and medical malpractice,and define the main legal relationship in the health sector administrative mediation.Moreover,it sorts out the causes of medical disputes,and find out the better way to solve the problem by defining the concept and working out reasons,in a bid to promote harmonious doctor-patient relationship and the healthy development of the medical industry.The current situation of medical dispute resolution mechanism is analyzed in the second part.In spite of two kinds of the settlement mechanism,non-litigation settlement mechanism is perceived as the main way to solve medical disputes.This part elaborates the advantages and disadvantages of various settlement mechanisms,so as to bring the necessity of administrative mediation mechanism.Some problems to be solved trigger the weak administrative mediation operation.After making analysis on the problem and finding a solution,the approach to medical disputes which is more operational and in line with China's reality can be brought up.The third part introduces the solution of some countries and regions in the face of the related problems.All countries shall stand up against the challenges brought by the medical dispute,and many of them have undergone the “medical collapse period”.Therefore,the better settle mechanisms in other countries and regions mean the reference for China.Through the analysis of the characteristics of the medical dispute resolution mechanism in other countries,finding out the common things and integrating with the personality of our country,the unique advantages of the health administrative department are expounded,so that the administrative mediation mechanism can be applied to work together with people to resolve doctors-patients conflicts and disputes in a better way.And the fourth part makes an elaboration on the improvement of resolving the medical disputes by the means of administrative mediation.In Regulations on Handling MedicalAccidents,it is clear that both of the parties are allowed to resolve disputes by administrative mediation.However,owing to the low rate of administrative mediation operation on account of the scope of mediation,status and the effectiveness of the agreement,it is the focus of this paper to analyze how to better the administrative mediation in the mechanism of medical disputes,so that the provision of law can be applied in the practice effectively.