The Empirical Study Of The Development Trends Of The People’s Mediation System To Resolve Patient Disputes

In recent years, with the rapid development of the economy and the advancementof technology，the level of health care in our country have made great progress.However, due to the characteristics of medical practices as well as the improvementof people’s rights awareness, when the human right to life and health is threatened dueto improper treatment, it will bring the doctor-patient conflicts. Especially in the pasttwo years, the contradictions between the medical service demands of the people andto get medical services are more and more Increasingly acute，the doctor-patientconflicts has become the focus of social conflicts. The patient disputes traditionalsolutions such as reconciliation, litigation has gradually showing its inadequacies.Therefore, a timely and effective manner to resolve patient disputes has become amajor problem.Facing the tension in the doctor-patient relationship, the first Mechanism ofMedical Dispute People’s mediation was built in Shanxi and Shanghai.Many placesstart to try on this mechanism because it has made great effect,to provide a bufferplatform for the doctor-patient conflicts and achieve the unification of the legal andsocial effects. However, because the system is running early so many places are notcomplete, there have been various problems during the run,for example, legalnature is not clear, operating funds are not full and so on. Therefore, in order to buildPeople’s mediation mechanism of medical dispute,the article would like to introduceShanxi, Shanghai mode, to summarize their experience and promote the advantages tothe country and improve the disadvantage. The text of this paper has five parts.The first part:this part firstly give the definition of the concept of patientdisputes,secondly sum up the characteristics of the patient disputes,and give the briefintroduction of the status of the patient disputes. The second part:this part is mainly about the comparative advantage of thepeople’s mediation to resolve medical disputes. By comparing the difference betweenthe traditional doctor-patient disputes solution,such as reconciliation,administrativemediation,arbitration,litigation and people’s mediation,the article point out theinadequacies of the traditional doctor-patient disputes solution as well as the people’smediation on these deficiencies.The third part:this part is about the extraterritorial mediation mechanism toresolve the medical dispute. The main content of the part is the introduction of foreignmedical dispute mediation mechanism,such as America,German and Japan,to be areference to our country.The forth part:this part is the empirical investigation of the Shanxi and Putuomode.The author compare the two mode from the source of fund,the staff,theconsequences of the mediation procedure to analysis and summarize the advantagesand disadvantages of the two modes by the way of investigation.The fifth part:this part is to make the author’s own recommendations of thefuture trends of the people’s mediation mechanism to resolve medical dispute.In thispart,the author put forward own proposals,including the following aspects:how toremain neutral, how to do publicity,the qualifications of mediator,sources of funding,the specific procedures of this mechanism and so on.