Font Size: a A A

Perfection Of Administrative Mediation System Of Medical Disputes

Posted on:2014-08-29Degree:MasterType:Thesis
Country:ChinaCandidate:S SuFull Text:PDF
GTID:2176330425478743Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
In recent years, the Alternative Dispute Resolution (ADR) mechanisms are advocated toresolve civil disputes, as a very special civil disputes-the same goes for medical malpractice.Contingent on the negotiated settlement of the existing medical malpractice non-litigationmechanism, people’s mediation and administrative mediation, administrative mediation as ameans authorities intervene in civil disputes settlement mechanism most not all accepted.Practice, due to the lack of professionalism of Administrative Mediation of the absence of therelevant legislation, administrative mediation staff, health administrative departments also notgood for medical disputes through administrative mediation play to defuse role. Therefore,many scholars have called for the cancellation of this mechanism for handling medicalmalpractice administrative mediation.In this regard, I have a different view, as one of the Alternative Dispute ResolutionMechanism administrative mediation in handling disputes, has its inherent advantages Unlikelitigation and non-litigation dispute resolution mechanism. Handling medical malpractice hasdrawbacks, but any dispute resolution mechanism will be insufficient, because it could notmeet the processing of all disputes. Therefore, I believe that the administrative mediationmechanism is necessary in dealing with medical malpractice. Administrative Mediation as anAlternative Dispute Resolution mechanisms institutional one, and its orderly operationconducive to resolve social contradictions, the promotion of social harmony.Of course, our administrative mediation mechanisms exist some problems can not beignored, such as the absence of legislation, mediation effectiveness is weak, the mediationprocess is not standardized, too narrow of conciliation, mediation main to be consolidated,these problems restrict the line mediation function effectively. The problem we have to facenow is adjusted to this mechanism for the improvement and remodeling to make it moresuitable for handling medical malpractice structure.The article to be taken to the empirical analysis, comparative law and legaltransplantation Law Mediation System of medical malpractice administrative system. In thispaper, the "non-litigation dispute resolution mechanisms (ADR) and mediation mechanismsas the theoretical basis, these two mechanisms have to resolve social contradictions, and agood way to resolve disputes, of course, for medical disputes So outside almost. An administrative mediation as a "non-litigation dispute resolution mechanisms and mediationmechanisms, the efficiency of dealing with disputes, technical, professional, and economy ofits most significant features compared to the other dispute resolution mechanism.From administrative mediation system and medical malpractice and its main processingmechanism, analyzes of other medical dispute resolution mechanism than the administrativemediation mechanisms are inadequate, and administrative mediation advantage on handlingmedical malpractice. Parse the problems of the current system of administrative mediation ofmedical disputes exist, and in turn make recommendations accordingly of medicalmalpractice administrative mediation system inadequacies, administrative mediation systemof medical malpractice scientific improvements and system reconfiguration. I hope thatthrough the smooth flow of medical malpractice administrative mediation this channel ofmedical disputes handled Tim a weapon, in order to maintain harmony in the doctor-patientrelationship.
Keywords/Search Tags:Medical Malpractice, Administrative Mediation, Institution, Complete
PDF Full Text Request
Related items