Study On People’s Mediation Mechanism Of Local Medical Service Dispute In China

Healthcare was put more and more social responsibilities as the demand bythe public on medical technology and service grows and basic science as well aslegal sense penetrates in modern time. Medical disputes become more as socialcontradictions among various social classes and interest groups, which turn to besevere to social harmony and stability. Medical disputes seem to increasesharply due to the same reasons as above as well as some others. Firstly, thequantity and quality demand on medical resources is even larger and higher dueto the big population and living quality improving quickly. Secondly,state-operated hospitals, as the main medical institution, are not fully funded bythe government but have to survive by shift the cost to the patients. Thirdly,medical structural reform came to a corner and medical security system has notbeen perfected yet in this transition period. Based on above reasons, the researchon medical dispute resolution mechanism turns out to be significant and urgent.The present medical dispute resolution mechanism is usually from the “medical dispute resolution regulations” established on2002.It sets threemodes, negotiation between medical service providers and patients,intermediation by medical administrative department and judicial proceedings.But there are a few problems and imperfections, such as collision betweenefficiency demand and the actuality of lack of efficiency, expectation onequality and un-satisfaction, etc. Medical dispute resolution becomes a long timeproblem as negotiation between medical service providers and patients willusually worsen the collision, judicial proceedings takes time and cost andintermediation is not convincible. Resolutions of arbitration, Lawsuit,specialized organization come up on the background. As a resolution peculiarlyused in China, People’s Meditation Mechanism is also introduced into medicalservice dispute. Innovating on different modes, some provinces andmunicipalities set up people’s meditation mechanism of medical disputes basedrespective characteristics to resolve problems by a third party, which hasachieved a lot.This paper generalizes the fundamental truth, assesses the achievements,abstract the characteristics, and try to find common rules of the operation ofpeople’s meditation mechanism of medical disputes, on the basis of survey,investigation, visiting. It analyzes its time efficiency，social efficiency and theThoroughness of solution, introduces both insurance-directed and administration–directed modes in the case of Ningbo and Shaoxing and discusses theappropriate mode. It also summarizes is problems and tries to find some enlightenment of the successful community dispute resolution mode alreadywith history and ADR non judicial resolution in foreign countries, thus topropose suggestions for the further perfection of people’s meditation mechanismof medical disputes.