On Chinese Medical Dispute Arbitration System

With the development of social, the medical disputes are increasing continuously. And at the same time, it becomes more and more difficult to deal with the medical disputes with the phenomenon of"medical trouble"coming up which has bad influence on our country's medical development and social stability. In order to reduce the medical disputes and resolve the conflicts between patients and doctors, China provides three ways of settlement including bilateral negotiation, mediation of administrative organ of health and medical litigation. In practice, because of the rigmarole of medical appraisal, the long time of medical litigation and a little of compensation, there are increasing medical disputes dealing with illegally. It is a great problem how to settle the medical disputes on the basis of the existed mechanism and China's national situation in both of law and medical circles. Arbitration, as a method of non-litigation, is now being applied to all kinds of disputes as well as medical disputes. The problem that China should study carefully is that if it is a better way to bring China's medical disputes to the scope of arbitration seeking for a new way for medical disputes in order to balance the tense relationship between doctor and patient.This paper uses the method of combination of theory and practice as well as makes a study of relevant materials and law provision. Then it uses the data analysis of the concept of medical dispute with the characteristics of increasing of medical disputes, the amount of compensation, conflicts between doctor and patient and high social concern in China. The three ways of settlement, which are bilateral negotiation, mediation of administrative organ of health and medical litigation, have their limitations respectively and the settlement mechanism of statutory medical dispute only has one singular way to problems without innovation, and chooses"Tianjin Arbitration Commission Medical Dispute Mediation Centre""Ganzhou Medical Dispute Mediation and Arbitration Constitution""Shenzhen Medical Dispute Arbitration Court"to be investigated. Then the paper analyzes the practice effect of the medical dispute by data investigation and cases in the three areas in order to establish law system of medical arbitration. Next the paper raises some problems about local medical dispute as narrow application of medical dispute arbitration, ambiguous nature of organization, imbalance distribution of arbitrators and so on. At the same time the paper probes into foundation of establishment of medical dispute arbitration system based on principles, patterns of basic theoretical for our medical dispute arbitration system was established to provide a theoretical reference. This paper proposes some ideas to the scope of medical dispute arbitration, the nature of medical dispute arbitration institution and the process of medical dispute arbitration then analyzes how to improve medical dispute arbitration system from legislation, justice and society in order to promote the development of medical dispute arbitration system and resolve social medical dispute, conflicts between doctor and patient and promote the development of society harmoniously.