Legal Problems And Solutions On The Medical Disputes Resolution Mechanism

In recent years, medical disputes have become a hot-topic and focus of intensive attention ofpublic. The tension of physician-patient relationship is increasingly exacerbated in a violence-pronemanner, which has become a prominent adverse factor of social stability and harmony of China.The emergence of this situation is associated with imperfect of handling these disputes in our legalsystem. During the era of before the implementation of the "Tort Liability Law", the major problemof legally handling the medical disputes in our country was the double criteria of justification,including the judiciary criteria, the tort compensation standards and the identification of medicalmalpractice. While there were some defects in current "medical Malpractice Treaty" legislativelyand institutionally. Although the implementation of the "Tort Liability Law” eliminated the doublejudiciary criteria and the tort compensation standard and some prescriptions of the law wereredefined, the issues of handling medical disputes was not completely resolved due to the stillvalidity of "Medical Malpractice Treaty". And "Tort Liability Law” also can not clearly define theidentification of the medical malpractice, which induces many new legal issues. To our knowledge,there are three mechanisms to solve the above problems under the current circumstances. First of all,the mechanism of identification of medical malpractice could be improved and clarified to eliminatethe discrepancy of different laws. Second, before the "Medical Malpractice Treaty" has not beenannulled or the legislative bodies expired, the application of the law on these issues could beclarified to avoid significantly marginalized situation. The last but not the least, legislative bodiesdeficiencies or ambiguities in the “tort Liability Law" could be amended and interpretedaccordingly to facilitate the establishment of a rapid, just and fair medical ways of settling disputes.