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Research On The Current Situation And Countermeasure Of Dispute Settlement In China

Posted on:2015-10-29Degree:MasterType:Thesis
Country:ChinaCandidate:Z X XuFull Text:PDF
GTID:2206330464954463Subject:Legal theory
Abstract/Summary:PDF Full Text Request
With the intensification of the increasing number and types of medical disputes doctor-patient conflicts, The existing problems of the current multivariate medical dispute settlement mechanism are increasingly prominent. This paper aims to perfect the current multivariate medical dispute settlement mechanism in China, including reconciliation, administrative mediation, civil litigation, improve people’s mediation and arbitration, the protection of the rights of patients and the medical liability insurance system. In this paper, according to a "problem-the reason-measures" main line, the improvement multivariate medical dispute settlement mechanism is discussed from the following aspects:First, the differences between doctor-patient disputes and other types of disputes, including clarify concept of the doctor-patient dispute,figure out the characteristics and the nature of the legal relationship between doctors and patients. In general sense, the doctor-patient dispute is a social concept, rather than a legal concept. On clarifying the concept and the legal nature of the doctor-patient relationship, this paper keep a unified system and treat doctor-patient dispute as a civil dispute. The settlement of civil disputes focus more on its social effects and autonomy of both parties, which is an important difference with the case of criminal proceedings or administrative cases.Second, the present situation of the settlement of doctor-patient dispute. Multiple medical dispute settlement mechanism has been formed to solve the dispute between doctors and patients, which plays an important role. However, the current multivariate medical dispute settlement mechanism also exists limitations in resolving conflicts between doctors and patients. It is still stretched to quell disputes between doctors and patients. Reconciliation alienation, administrative mediation and litigation marginalized, people’s mediation system are imperfect. Arbitration system has just started many problems. Medical liability insurance is also difficult to play fully protected compensation function.Third, this paper analyses the main reason for the existence of the existing limitations of doctor-patient disputes settlement mechanisms. The five existing medical dispute resolution mechanisms have their advantages, but also have their shores.This mainly embodied in the imperfect legislation.Fourth, for the existing medical dispute settlement mechanism and the reasons for the existence of limitations, this paper provides coping strategies. Multiple medical dispute settlement mechanism should continue to adhere to, and the limitations existing in the legal system should be improved to make it more conducive to resolve medical disputes and quell conflicts between doctors and patients, in order to build a harmonious doctor-patient relationship. In the coordination of the different dispute settlement mechanisms should fully respect the will of both doctors and patients, and the right to choose the way of relief should not be deprived of both doctors and patients to take coercive manner. The only exception is that for there are lots of illegal ways for patients to seek to obtain large amounts of property, the amount of compensation should apply to limit settlement system. Such a choice is non-required for legal, but forced by the reality.
Keywords/Search Tags:the settlement of doctor-patient dispute, present situation, countermeasures, Guilin
PDF Full Text Request
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