The Perfection Of China Medical Tangle Non-suit Mechanism

Medical tangle has become one major problem that catches the whole world’s attention. It is a civil problem which is greatly influential to the stabilization of the society rather than any individual problem. Hence, many of the countries in the world are in favor of adopting the legal mechanism as the solution to the medical tangles in order to eliminite any potential risks. Currently, those countries which successfully implement the non-lawsuit as the solution to the medical tangle are mainly the fully developed countries such as United States, Germany and Japan. This article starts with the general theories of the non-lawsuit mechanism as the solution to the medical tangle. Through referring to the theoretical analysis and the pragmatic experience from the foreign countries, it uncovers the insufficiency of the non-lawsuit mechanism, as the solution to the medical tangle, in our country. The mechanism needs to be further reinforced in order to achieve the perfection. According to this train of thought, this article will be divided into the following four parts:The first part:it mainly illustrates the general situation of solving the medical tangle with the non-lawsuit method. The primary parts include the conceptions of medical tangles and its solution by means of non-lawsuit, and the brief illustration of its feature and the steps of its utilization.The second part: it is mainly about the profound research in terms of solving the medical tangles with the non-lawsuit mechanism in the foreign countries, including United States, Germany and Japan. In addition, the analysis of the three countries above of their usage of the non-lawsuit mechanism as the solution to the medical tangles illuminates the path of implementing the similar mechanism in our country.The third part: it mainly demonstrates the current situation since our country officially implements the non-lawsuit mechanism to solve the medical tangles. Additionally, it also describes, respectively, the mediated mechanism between the doctors and the patients in the medical tangles, the mechanism of the administrative mediation, and the mechanism involving the participation of the third party for the mediation. Lastly, the research and disscusion of the defects regarding to the these three mechanism will be provided.The fourth part:this part is the body of this article. It mainly discusses the suggestions and the measurements that help the non-lawsuit mechanism to achieve perfection. To be more specifically, it encompasses the suggestions of the connection between the administrative mediation of the non-lawsuit menchanism and the establishment of arbitrational system, the suggestions of the third-party participation, and the suggestions regarding the establishment of the system between arbitrational system and the mediated setup of the medical tangles.