Study Of Medical Disputes, Administrative Mediation System

Medical dispute always is a serious problem, which has plagued the health care field in China, and the current obvious social contradictions. Effectively handling medical dispute is directly related to the protection of legitimate rights of doctors and patients' and social stability, so, how to build an effective medical dispute resolution mechanism has attracted the wide attention of scholars and the public. As a system of administrative rights involved in civil dispute resolution, administrative mediation has incomparable advantages than consultation and litigation, but because of lack of legislation and difficulties in practice, in the field of resolving medical dispute in China, administrative mediation is far from playing its due effect. This paper, basing on the current problems and the resolving medical dispute's advantages of medical dispute administrative mediation system, discusses how to improve the medical dispute administrative mediation system, and we hopes to promote the proper resolution of the medical dispute, and establish harmonious doctor-patient relationship.This paper can be divided into four sections:The first part simply introduces the concept, major characteristics and the resolution of medical dispute; discusses the administrative mediation system and its application in the field of civil disputes; expounds the history of administrative rights involved in the field of medical dispute resolution.The second part studies the necessity and reasonableness of the medical dispute administrative mediation system; by analyzing the problems of medical dispute administrative mediation system, reveals the reason why the medical dispute administrative mediation system has not fully produced a marked effect in practice, and does groundwork for improving the system.The third part makes clear the precondition of the specific measures to improve the medical dispute administrative mediation system, namely, to establish the basic principle that the medical dispute administrative mediation system should obey to, and to resolve the bottleneck problem that restricts the medical dispute administrative mediation system from producing a marked effect.The fourth part discusses the specific measures of improving the medical dispute administrative mediation system, including the following three aspects:optimizing the organization, perfecting the procedures and establishing the relief mechanism.