On The Consummation Of The Third Party Mediation Mechanism In The Medical Disputes In China

With the deepening of China’s social transformation and the process of health care reform, various social contradictions also come out accompanied by the general improvement of the citizen’s legal consciousness and awareness of right protection, among which, the explosive growth of medical disputes in recent years has become the social focus, and a difficult issue for the government to solve.In this paper, related concepts of medical disputes are comprehensively overviewed first. Then present research on alternative dispute resolution (ADR)is analyzed. In the following four parts, the third party mediation mechanism dealing with medical disputes is studied separately.Part I focuses mainly on the analysis of the present operation of dispute settlement mechanisms in China. Qualitative analysis of different mechanisms is made, and merits and demerits are drawn from the comparison among them. Then in light of the present situation in China, the rationality to introduce the third party mediation mechanism into practice is revealed.Part II focuses on sorting out the main patterns of third-party mediation mechanism and the Yantai model is analyzed as a sample. Summaries are made according to the advantages and disadvantages found in its operation in Yantai and the practice in other places.Part III summarizes the international experience of medical dispute resolution.Part IV puts forward countermeasures and suggestions to consummate medical dispute resolution mechanism based on the problems found in practice...