Reflection On Constructing The People’s Mediation Mechanism Of Medical Dispute

In recent years, conflict between the doctor and the patient hasbecome more and more seriously with the reforming of the medical and publichealth systems and the ever-increasing demand on medical care services.Also, it is an important part of building a harmonious society. Accordingto Article46of “Medical Malpractice bill”, the present medical disputesettlement falls into consultations, the executive chair of the mediationand litigation. But these are different degree of problems in threemethods, which will be going against settling medical dispute and buildingharmonious relationship between hospital and patient.Recently, many places of our country start to study on the settlementof medical dispute. In2006, Shanghai built the first Mechanism of MedicalDispute People’s mediation in Putuo District and has made some progress.Since2011, Shanghai has extensively spreaded this new system withbuilding civilian intercessory office, civilian intercessory committee,expert advisory committees of medical dispute under Municipal Bureau ofJustice.This paper analyzes Shanghai’mechanism of Medical Dispute People’smediation and suggests to spread this medical dispute resolution model to the whole country. The author sincerely hopes the relationship betweendoctor and patient will be well repaired through the building of publictrust fund, medical insurance, community Service. Except for introductionand conclusion, this paper includes four parts.The first part： Description on medical dispute resolution system inour country. Firstly, it describes the concept, features, origin ofmedical dispute. Secondly, it analyzes the medical dispute resolutionsystem and points the advantages and disadvantages about consultations,the executive chair of the mediation and litigation.The second part： The basic theories of mechanism of Medical DisputePeople’s mediation. Firstly, it studies on the legitimacy of mechanismof Medical Dispute People’s mediation. Secondly, it analyzes thefeasibility of mechanism of Medical Dispute People’s mediation. Thirdly,it investigates the necessity of mechanism of Medical Dispute People’smediation.The third part： Analysis on Shanghai’mechanism of Medical DisputePeople’s mediation. Firstly, it describes Shanghai’mechanism of MedicalDispute People’s mediation. Secondly, it analyzes the advantages anddisadvantages about Shanghai’mechanism of Medical Dispute People’smediation.The fourth part： Advice of re-construction of mechanism of MedicalDispute People’s mediation. Firstly, it makes definite provisions onpower and responsibility, financial resources, organization, make-up ofthe committee, basic principle. Secondly, it perfects the program ofmechanism of Medical Dispute People’s mediation. Thirdly, it establishesthe complete supervision and restriction mechanism, which providing amore practical way of resolving the disputes between doctor and patient.To sum up, the author firmly believes that through the constructionof mechanism of medical dispute people’s mediation, the medical dispute people’s mediation system will be further developed vigorously, therelationship between doctor and patient will be well repaired, aharmonious society will soon be built.