The Analysis Of Medical Malpractice Arbitrability

In recent years, medical tangle cases grow increasingly. Whether it can be dealt properlymay attract much attention of all levels of the society for its sensitivity. Doctor-patient disputebelongs to civil disputes. Traditionally, it can be solve by litigation and administrativeconciliation. However, new characteristics increasingly appear with enhancement of people’sright awareness and social development of medical tangle, which forces to establish a morefixable medical tangle solution. With the development of arbitration system and enforcementof local legislation, establishing medical dispute arbitration mechanism in our country can besaid to be the trend of the times. To establish a new legal system needs proper theoreticalresearch, but there is no conclusion for many key problems in our country. The arbitrationissue has been given the priority to establish medical arbitration system. The paper aims toanalyze the arbitribility of medical tangle theoretically, medical tangle development in homeand abroad, local legislation experience in home and try to give some tips. This thesis can bedivided into following parts.The first part is going to discuss the arbitration issue. To prove arbitration of medicaltangle from theory of law, it must satisfy the basic demands of controversial issue arbitrability.Therefore, I will expound the fundamental standards which will be the medical legaljudgment substratum in the next part. There will be three standards: civil and commercialdisputes between equal subjects, the dispute has free disposition of rights, and controversialissues is actionable.The second part will make legal judgment on medical tangle arbitrability based oncontroversial issue standards. Three standards will be included which are whether medicaltangle belongs to civil and commercial disputes among equal parties, whether it can belitigated, and whether the tangle can be punished freely. Analyses and refutation will be usedto prove the conclusion.The development of medical tangle arbitrability issue in main countries and areas in the world will be included in the third part which will provide our country with reference andinspiration. Specifically, medical tangle characteristics in America, German will be discussed.The last part will include evaluation and analyses about medical tangle arbitrability inhome based on legislation and enforcement in China. Meanwhile, tips on medical tanglearbitration fees and supervision will be provided in this part.