Font Size: a A A

Discussion On The Reasonable Construction Of Medical Disputes ADR Mechanism

Posted on:2012-01-04Degree:MasterType:Thesis
Country:ChinaCandidate:Y C YangFull Text:PDF
GTID:2216330338969244Subject:Law
Abstract/Summary:PDF Full Text Request
Resolving conflicts, promoting dialogue, reducing differences, and striving for win-win is the inevitable pursuit of a harmonious society. On the basis of medical disputes ADR mechanism having been introduced to China,how to build a more rational, more efficient medical disputes ADR mechanism is very important for the promotion of a wide range of medical disputes resolution mechanism,the moderation of deteriorating physician-patient relationship, the maintenance for the lawful rights and interests both of doctors and patients, the promotion of the medical science development and the realization of social harmony.Paper is divided into introduction, body and conclusion. Introduction lists the four typical cases occurred since 2009, which leads to the necessity to study and the general idea of the paper.Body is divided into three parts, The first part mainly elaborates the concepts and issues of medical disputes, the ADR mechanism's and medical disputes ADR mechanism's basic theory, the medical disputes ADR mechanism overview and useful references of some countries or regions. Present the definition of medical dispute should be made "A malpractice arising from inconsistent understanding between doctors and patients about the medical behavior's consequences and it's causes ". The second part introduces the practice conditions of medical disputes ADR mechanism in some place of China from 2000 to 2010 through large amounts of data material, the overall features about medical disputes ADR mechanism and the limitations of existing medical disputes ADR mechanism, Present the view that although our medical disputes ADR mechanism has been initially established, There are still many deficiencies such as " lack of fairness, procedures are not standard, and the supporting mechanism is not perfect enough, uneven development " and so on, The third part mainly elaborates the necessity and feasibility to rationally construct medical disputes ADR mechanism, Elaborated the values and basic principles to rationally structure medical disputes ADR mechanism, Proposed the specific measures to reasonably structure the medical disputes negotiation mechanism, the administrative mediation mechanism, the neutral third party mediation mechanism, the arbitration mechanism, the court attached ADR mechanism and advocated to attempt other multiple medical disputes ADR mechanism. Conclusion summarizes the paper and describes the characteristics and innovation of this paper.
Keywords/Search Tags:medical disputes, medical disputes ADR mechanism, reasonable construction
PDF Full Text Request
Related items