The medical dispute is the issue based on the medical behavior which cause the patient suffered by the medical institution as its fault、breach of faith. Recently, it occured generally that the malignant event harassing the medical order cause by the the medical dispute, and it damage the legitimate rights of the people and the medical institution, bring about bad social influence. The fast and proper resolution of the medical dispute is so important to be the systemic warrant of the medical order.To the traditional sense, litigation is the mainstream revolution of the medical dispute. The quantity of the medical dispute is increasing day by day because of the reformation of health care. In this condition, the revolution of the medical dispute by litigation is criticized as its inefficiency. The system of ADR emerge based on the objective reality. As the system of ADR,only negotiation and administrative mediation are stipulated by the 《The regulations on the handling of medical accidents》 in china. And the stipulation is rough and simple because of lack of details. I try to construct the system of the ADR in medical dispute in this page. This page is divided by four parts as follows.Part1:In this part,i analyse the definition and feature of the system of ADR in medical territory. We can see the advantage of the system of ADR in medical territory comparing with the other revolution to slove this problem. Then i confirm the standard of the frame of the system of ADR in medical territory referring to the system of ADR in medical territory in other country and region.Part2:The soil that the traditional legal culture have lied in have existed in china for a long time. Facing up to the reality,only negotiation and administrative mediation are stipulated by the 《The regulations on the handling of medical accidents》 in china. In the sight of the analysis of the negotiation and the administrative mediation, we find the imperfection of the current system of ADR in medical territory in china.Part3:In this part, i elaborate the constructure of the system of ADR in medical territory. On one hand, i try to improve the mechanism of negotiation and the administrative mediation; on the other hand,i try to draw in the mechanism of the special mediation organization in medical dispute、the mechanism of the special arbitration in medical dispute and the mechanism of the medical liability insurance. In this way, i try to construct a perfect system of ADR in medical territory.Part4:It is the summarization of this page. I wish it could arouse other scholar’s fervour to take a deeper research on the constructure of the system of ADR in medical territory. |