The Settlement Mechanism Of The Medical Disputes In The Republic Of China

After the opium war, the port city in China became blooming. Western medicine and its model entried into the Chinese medical market and occupied the major medical market of the big cities and the coastal provinces during the war with the medicine. Medical treatment and medical ethics for hundreds of years was broken and a lot of medical disputes were also caused. Medical disputes are divided into Western medicine and traditional Chinese medical disputes because of the different treatment and there were different features.Although the Republic of China was established after the Revolution, due to internal and external political instability, and civil unrest, the government of the Republic had no energy for social management. Lack and hysteresis of law resulted in the low quality of doctors. In addition, the limited of the medical technology, the backward and feudal thinking of people, the fight of medical community factions, were all the reasons of the medical disputes.The government of the Republic revised the law in order to prevent the physician-patient relationship in the vicious cycle of meltdown intensified. There were four dispute resolution mechanisms, such as private settlement, mediation, administrative penalties and litigation. Doctor and patient could choose the most favorable dispute resolution according to their own fault. Because laws and regulations gave great power to the Medical Association, which could mediate both sides of healing, punish the doctors violated the Constitution, also make a medical test in the proceedings, doctor and patient would seek help from the Medical Association.Because of the social transformation of the Republic, the number of the medical disputes rose a lot. The government of the Republic made a lot of effort to resolve the medical disputes, and got the corresponding social effects. Doctor-patient relationship has risen to incompatible state. We can draw inspiration from the medical legislation and dispute settlement mechanism of the Republic to deal with today’s medical disputes.