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View On Medical Dispute Arbitration

Posted on:2008-06-17Degree:MasterType:Thesis
Country:ChinaCandidate:Z Z GanFull Text:PDF
GTID:2166360218957912Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In recent years, the types of medical disputes increasingly complex disputes and the number of disputes is increasing all the time, doctor-patient relations are also in a tense and nervous situation. How can we solve these disputes in a fast, impartial, efficient, low-cost way and ease the doctor-patient relationship is the most urgent task. In April 2002, the State Council promulgated the "medical treatment trouble processing regulation" identified three ways to resolve disputes, which is negotiating a settlement, administrative and civil case in court. After a few years of practice, the doctor-patient relationship has not been eased, but growing tensions. Medical disputes triggered by the endless violence. This situation caused by doctor and patient their own factors, but also closely related by the disadvantages of existing medical dispute settlement mechanism. As such, the author believes that should be considered in establishing medical dispute arbitration mechanism. Arbitration as one of the commercial disputes resolution, with its professionalism, civil and effectiveness in resolute disputes to better the relationship between the two sides and to ease tensions. So many countries are now establishing a new type of arbitration, expanding the scope of the arbitration, and put medical disputes into arbitration. This text is based on the analysis the meaning of medical disputes and its characteristics. The author thinks that China's existing medical dispute resolution methods hard to meet the medical needs of the particular dispute. Proposed the idea of the establishment of medical dispute arbitration system has a necessary and feasibility. And put forward own views on the combination of China's labor dispute arbitration practical experience for the construction and other related issues of medical dispute arbitration mechanism. Hope that through explore of these issues to provide a theoretical reference for establishment of our medical dispute arbitration system. Make medical disputes can be resolved in the interest of achieving a balanced between patients and doctors, to find the quickest route for the medical development.
Keywords/Search Tags:Medical disputes, Reconciliation, Administration mediation, Civil Litigation, Arbitration
PDF Full Text Request
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