Research On Medical Disputes Of Traditional Chinese Medicine In The Period Of The Republic Of China

In today's society,despite various measures taken by the government and the medical profession to deal with the growing medical disputes,they have not achieved satisfactory results.Malignant medical injuries have touched people's nerves again and again.In the long run,they will certainly affect the sustainable development of China's medical industry.In order to solve this problem,we may look back on the history and analyze the development of doctor-patient disputes,in order to find the key to solve today's medical disputes.Throughout ancient China,the doctor-patient relationship was relatively harmonious,and there were few medical disputes.In the period of the Republic of China,under the circumstance of large-scale replication of Western legislative and judicial experience,the government introduced a series of measures to standardize the qualifications and practices of doctors in legislation and judicature.At the same time,in practice,medical disputes emerged in large numbers in both Chinese and Western medicine.During this period,traditional Chinese medicine not only faced the drastic changes of the times,but also faced the strong extrusion of traditional Chinese medicine brought by the spread of Western learning to the east,and the test of life and death.Compared with the predecessors,the environment of TCM interface in the Republic of China was much more complex,and had to struggle in pain and tangle.Therefore,the medical disputes of TCM in the Republic of China have different characteristics from those of ancient medical disputes and Western medical disputes.Accordingly,the resolution mechanism of medical disputes of TCM in the Republic of China has its own characteristics.The purpose of this paper is to study the medical dispute of TCM in the Republic of China,in order to help solve the medical disputes nowadays.The main research methods adopted in this paper are literature research methods.The sources of data include archives of Shanghai Archives,Shanghai Shenbao,Journal Compilation of Modern Chinese Medicine(a total of 5 editions,including 120,000 pages of information),Late Qing Periodicals,Full Text Database of Periodicals of the Republic of China,and related papers and works.This paper includes introduction,chapters 1 to 4 and conclusion.On the basis of collecting a large number of historical data and analyzing a large number of cases,this paper investigates the history of medical disputes in traditional Chinese medicine,analyses various forms of medical disputes in the Republic of China,explores the legal background and social and cultural background of medical disputes in traditional Chinese medicine during the Republic of China,and combs medical disputes in the Republic of China according to cases,etc.Combining the medical disputes of Ming and Qing Dynasties and Western medicine,this paper analyses the characteristics of the mechanism of solving medical disputes of traditional Chinese medicine in the period of the Republic of China.The introduction begins with the origin of the study and defines the concept of medical disputes.In the part of literature review,it lists the research situation of ancient and modern medical disputes in China,and combs the research situation of medical legislation and medical disputes in the Republic of China from two aspects:research in the Republic of China and modern research.This paper reviews the above research from the aspects of the researcher's academic background,research perspective and the integrity of historical data.The shortcomings of the above studies lie in the fact that there are many studies on the history of the system and insufficient specialized studies on medical disputes in traditional Chinese medicine.The first chapter is about the forms of medical disputes in TCM during the Republic of China.Firstly,it lists various forms of medical disputes in TCM during the Republic of China in the form of cases,including business negligence,illegal practice of medicine,false advertisements,reputation disputes,payment disputes,fake medicines,inferior medicines and dispensing errors,false accusations,framing,fraud,a total of 8 categories.Taking the time of the case as the order,the article summarizes64 cases of medical disputes in the Republic of China from 1911 to 1948.It gives a brief account of the causes,handling methods and results of the disputes,and gives a brief account of whether to identify,identify,counter-claim and lawyer's participation in the case.The contents of the table show that business negligence and illegal practice of medicine were the main causes of medical disputes in traditional Chinese medicine during the period of the Republic of China.The second chapter is about the background of medical disputes in the Republic of China.The background of medical disputes in the Republic of China includes not only the legal background at that time,but also the turbulent and complex social background in the Republic of China.During the period of the Republic of China,the government imitated the western system to establish a modern health management system,and strengthened the legislation and administration of traditional Chinese medicine.However,since the health administration system in the Republic of China basically imitated the Western system,there was no special Chinese medicine management organization in the whole period from the central government to the local government.Although the TCM Committee was set up under the Department of Health in 1937,in fact,it had no right or duty.Even so,the administrative management of medical disputes in traditional Chinese medicine was not entirely carried out by the health administrative organs,because the status of specialized health administrative organs changed frequently,and independent health administrative organs and police organs were sometimes merged and separated in time,forming a unique scene of police organs intervening in medical disputes in traditional Chinese medicine in the period of the Republic of China.During the period of the Republic of China,a large number of laws and regulations concerning the health administration of traditional Chinese medicine were promulgated.Although these laws and regulations have different merits and demerits,they are of positive significance to the establishment of qualified teams of traditional Chinese medicine and the prevention of medical disputes.Before the Republic of China,there were few regulations on the management of TCM qualifications in China.The government of the Republic of China incorporated the acquisition and opening of TCM qualifications into the administration of the government.Generally speaking,the requirements for registration qualification of TCM are relatively loose.In the process of practicing traditional Chinese medicine,doctors of TCM should not only abide by the laws of traditional Chinese medicine,but also abide by other laws.Otherwise,doctors would face administrative punishment or bear civil or criminal liability.In terms of judicial system,the progress of various judicial systems during the Republic of China greatly facilitated the litigation of both sides in medical disputes,which is one of the reasons for the sharp increase in the number of medical litigation cases.At the same time,the medical profession was not indifferent to the national judicial system,but on the premise of respecting the national judicial system,had put forward pertinent suggestions for the judicial system involving the medical rights,and had made unremitting efforts to protect the medical rights in medical disputes.In terms of cultural background,after the founding of the Republic of China,Chinese medicine began to be politically marginalized.These people,who should be respected,had undergone tremendous changes in their living conditions.The situation of traditional Chinese medicine was closely related to the environment at that time.The impact of war,chaotic public order,depressed economy,the suppression of Western medicine and the suppression of the government all seriously worsened the living space of traditional Chinese medicine.For all aspects of pressure,the Chinese medicine community was not waiting to die,but had taken a variety of self-help measures.The third chapter is the resolution of medical disputes in the period of the Republic of China.The resolution of medical disputes is the result of multi-party participation.Besides the parties concerned,state power,medical organizations,medical professionals,lawyers,media,relatives and friends of patients and even social personages may have an impact on the resolution of disputes.During the period of the Republic of China,the main medical parties involved in medical disputes in traditional Chinese medicine were individual doctors,and there were no medical disputes involving traditional Chinese medicine hospitals.Although patients came from all walks of life,they shared the same characteristics: lack of trust in doctors and enthusiasm in reporting to doctors.For such patients,TCM doctors took various measures to prevent disputes and took the means of appealing for the protection of medical rights,seeking help from the law,and employing lawyers to protect their rights.State organs involved in solving medical disputes include judicial organs,administrative organs related to health administration,etc.Even after the health administrative organs were independent of the police system,they still intersected in jurisdiction,and the records of joint handling of cases between the two were not uncommon.Because of the existence of the Baojia system in the Republic of China,the town mayor also appeared in the resolution of medical disputes.Medical community was an important force in solving medical disputes.Traditional Chinese medicine organizations played an important role in solving medical disputes,such as protecting the rights and interests of members,providing medical basis for medical cases,and mediating disputes among members.Of course,there were also problems among many TCM groups,the most prominent one was the serious party struggle,which even affects the fairness of case identification.In other respects,because lawyers have legal knowledge and journalists are easy to control public opinion,the role of lawyers and media in solving medical cases can not be underestimated.In addition,Chinese medicine colleagues and people outside the case may also influenced the resolution of disputes as prosecutors or litigation participants.As for the solution of medical disputes in traditional Chinese medicine,the most drastic way was to solve them through judicial means.During the Republic of China,the medical lawsuits in traditional Chinese medicine showed some characteristics.Compared with judicial organs,administrative organs were superior in dealing with medical disputes in quantity and scope.In addition,there had always been a tradition of mediation and adjournment of lawsuits among the people in our country.This tradition still played a role in the period of the Republic of China,but the way had changed.During the period of the Republic of China,mediation and reconciliation included not only folk acts such as self-reconciliation,social reconciliation,traditional Chinese medicine group mediation,but also official acts such as mediation committee mediation,court pre-litigation mediation and reconciliation in litigation.Identification was also an indispensable link in the process of resolving many medical disputes.Due to the particularity of traditional Chinese medicine,its identification methods and institutions are different from those of Western medicine,showing its unique identification style.There are few cases of TCM medical disputes in the period of the Republic of China.This paper chooses two cases with detailed records to analyze,in order to provide a micro and direct perspective for the solution of TCM medical disputes in the period of the Republic of China.The fourth chapter is about the characteristics of medical dispute resolution mechanism of TCM in the period of the Republic of China.The medical disputes of TCM in the period of the Republic of China have distinct characteristics,whether compared with the Ming and Qing Dynasties or with the medical disputes of Western medicine in the period of the Republic of China.Longitudinally,the doctor-patient relationship in ancient China seems more harmonious.During the Ming and Qing Dynasties,the more tense the doctor-patient relationship became and the more medical disputes gradually increased.Compared with the Ming and Qing Dynasties,the medical disputes in traditional Chinese medicine changed dramatically in the period of the Republic of China.The reasons for these changes include: the change of patient's attitude towards doctors,the change of acquaintance society,the progress of legal system,the rise of media and medical organizations,etc.Horizontally,there are also great differences between Chinese medicine medical disputes and Western medicine medical disputes in the period of the Republic of China.The differences come from the following aspects: firstly,the differences of medical models in different places of diagnosis and treatment,different status of patients,and different concepts;secondly,the differences between Chinese medicine and Western medicine and traditional social relations,as well as the differences between them.Western medicine imported from abroad was facing the dilemma of solving the problem of acclimatization and integrating into the traditional Chinese society.Thirdly,the relationship between traditional Chinese medicine and western legal culture is different.Western medicine,which originates from western culture,had a natural sense of intimacy with Western law,while traditional Chinese medicine had some difficulties in identification and trial.The last part is the conclusion.During the period of the Republic of China,although there were a lot of helplessness and injustice in the settlement of medical disputes for both doctors and patients,with the progress of legal system and the awakening of people's right consciousness,the solution of medical disputes in traditional Chinese medicine also developed a variety of solutions which not only integrated traditional Chinese culture but also tried to adapt to the modern legal system.For future generations,the Chinese medicine and legal circles in the Republic of China explored the way of development step by step,providing experience for the settlement of medical disputes in later generations.