Research On The People’s Mediation System Of Dealing Medical Disputes

Since the reform and opening up, the medical and health services have developed rapidly in China. The scale of medical service has expanded continuously, facilities and technical level have been greatly improved. However, along with the deepening reform of medical system, the people’s growing demand for medical security, and some people misled by medias, leading the strained relations and contradictions emerge between doctors and patients. Especially in recent years, the number of medical disputes has a sudden increase in China. It adds the social unstable factors by the intensification of the conflicts and bad social influence. Many provinces and cities in our country have tried to establish the medical dispute mediation system to resolve medical disputes for the medical disputes increase as well as the medical incidents occurred frequently grim reality. The people’s mediation system is a legal system of socialism with Chinese characteristics, playing a positive role in resolving civil disputes. People’s mediation system used in medical disputes becomes the solution of medical dispute solution. For a late start and lack experience, there are many problems need to be analyzed.This paper is divided into five parts to expound the fundamental questions of people’s mediation mechanism, mainly through literature review method to obtain the latest research information and relevant laws and regulations. On the basis of theoretical analysis, analyses the deficiency, and puts forward some suggestions to improve the people’s mediation mechanism of dealing medical disputes.Firstly, this paper elaborates the meaning, nature and the characteristic about the people’s mediation mechanism of dealing medical disputes within the theoretical framework. Secondly, according to the general to the particular analysis method, analyze the elements of the people’s mediation mechanism including:the mediation subject, the mediation basis, the mediation rules and the mediation program. Then, this paper analyzed the deficiencies of this mechanism in our country, mainly reflected in the medical dispute mediation committee set the neutrality is insufficient, lack of professional talents, lack of necessary engagement system and legal system is not perfect in four aspects. Once again, through the introduction of the United States, Germany, Japan uses mediation in resolving medical disputes of the advanced experience, empirical analysis, and based on the national conditions, and strive to further improve our people’s mediation mechanism of medical dispute. Finally, the author in view of the existing problems and the experience for reference, put forward perfect medical dispute mediation mechanism suggestions. Firstly, to maintain the neutrality of the mediation mechanism; secondly, strengthen professional mediation personnel construction; thirdly, perfect the medical liability insurance system; fourthly, the establishment of specialized medical dispute mediation method.