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On The Improvement Of The Medical Dispute Litigation Settlement Mechanism In China

Posted on:2016-05-18Degree:MasterType:Thesis
Country:ChinaCandidate:D XuFull Text:PDF
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In recent years, the increasing medical disputes in our country, the doctor-patient relationship nervous, "medical alarm" phenomenon emerge in endlessly, medical institutions and patients feel wronged, and the people’s court in the trial of cases in medical disputes is faced with many problems, as medical dispute cases data statistics of large, medical disputes has become the emphasis and difficulty in the court trial system, how to deal with the new situation of medical disputes judicial work become the important subject in front of the judges, under the new situation, to actively explore the harmonious litigation pattern of medical dispute cases, create a harmonious atmosphere of litigation culture and litigation, and truly case.Medical dispute has become a hot issue of society, a bit inadvertent, then affects the medical order, small is mass incidents caused by society, therefore, it is particularly important to resolve disputes in a timely and effective manner. Due to medical disputes has become a hot issue, so a lot of scholars study medical dispute settlement mechanism, in view of the social contradictions in the society now are keen to set up diversified mechanism of resolving disputes, medical disputes is not exceptional also, many scholars in quite early for a period of time has proposed to introduce diversified doctor-patient dispute resolution mechanisms, widen the channel of the medical disputes. And our country promulgated by the state council in April 2002 "byelaw of medical accident treatment provided in article 46 of medical accidents such as civil liability for compensation disputes, both doctors can talk things over solve, is not willing to consultation or negotiation fails, the parties may apply for mediation to the administrative department for health, also can to people court to lodge a civil lawsuit directly." But after years of practice has proved that whether consultation or mediation, arbitration, civil litigation, or are nots allow to ignore the defects and deficiencies, and accompanied by medical disputes contradictions continue to expand, awakening people’s consciousness of democracy and filed for the clarity of the perfect the procedure of targeted to solve medical disputes and specification is imminent. Given in this paper, the author is a student of law, also know for medical disputes, compared with both doctors consultation, mediation or arbitration hosted by the health administrative department, through the court action to solve medical disputes is the bellwether of various kinds of settlement mechanism. Therefore, this article will take the lawsuit of medical dispute settlement mechanism as a starting point, try to form some realistic value and maneuverability of the proposal, step by step to explore the improvement of the medical dispute lawsuit solution mechanism in our country.For medical disputes in our country legal regulation began in 1987, the state council issued "medical accident treatment method", after successively have the provisions about the civil action evidence, "byelaw of medical accident treatment, on the reference to the medical accident treatment act> notice of medical dispute civil cases, on the trial of cases on compensation for personal injury to explain some issues of applicable law, the tort liability law of the People’s Republic of China, and effective as of February 4,2015, the supreme people’s court on the applicable< the civil procedure law of the People’s Republic of China> the interpretation of the" specified in the provisions relating to such aspects as new evidence in the medical disputes, the medical dispute lawsuit solution mechanism in our country are also gradually improve, however, specific to the court trial and mediation work, have to point out that medical dispute lawsuit solution mechanism in our country are still many deficiencies, is faced with many legal difficulties and shortcomings. Legal quagmire is mainly refers to exist in the medical dispute appraisal system to normalize, evidence of the many obstacles in the medical dispute and court trial system inside the inherent short board, etc., will cause the judge in court trial and mediation link evidence cognizance, applicable law, inter alia, appraisal, has already made a complex medical disputes has become more difficult. And drawback is, even if has a long history of China’s medical disputes litigation mode, but given the high cost of litigation in our country at present, and the influence of the medical dispute case itself is highly professional, characteristics of complexity, that China’s current medical dispute lawsuit settlement mechanism has not been fully effective play a role, and the court mediation in the litigation settlement mechanism is often overlooked. How to resolve medical disputes litigation settlement mechanism of the legal quagmire, eliminate defects, become the important subject before properly defuse doctor-patient contradiction.Small on the solution of the medical disputes about the normal operation of a medical institution and the physical and mental health of the patients with one side is about the grandeur of the harmonious society construction in China directly to the target, therefore, to properly handle every resorted to the court of medical disputes is the mission of every legal person should not be shamed, in this paper, the author with the medical disputes in our country legal difficulties and problems encountered in litigation settlement mechanism, from the unified technical appraisal, constructing new evidence collection pattern, the reform of court internal operation mechanism, the aspects such as construction of medical liability insurance, in guilin, guangxi zhuang autonomous region, the intermediate people’s court for on-the-spot investigation object, comprehensive access to the Chinese and foreign parties to literature, exploring consummates our country medical disputes litigation settlement mechanism, puts forward some countermeasures and Suggestions, hope to be able to contribute to the doctor-patient contradiction in the current China’s outstanding.
Keywords/Search Tags:Medical disputes, Litigation, Legal quagmire, Technical appraisal, Medical liability insurance
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