A Research Of The Mediation System Of Dealing With Medical Disputes

With more than 30 years reform and opening up, our country’s medical and health undertakings are developing rapidly, but it still difficult for people to meet the ever-increasing demand for medical services. Conflict between doctors and patients becomes more and more serious, relationship of doctors and patients becoming more fiercely. Medical disputes already to be one of the heaviest topic of building the harmonious society. In order to successfully cope with the grim reality that medical dispute occurs frequently, effective solutions are being investigated both from the theory and practice. The existing dispute resolutions have shown many problems when they face the medical dispute, and their effect is very limited. The new solution mechanism is supposed to establish and perfect urgently. According to the mediation mechanism of medical dispute practice in our country’s current situation, the way of people’s mediation to resolve medical dispute has a huge advantage, it should be regarded as the main way to solve the medical dispute. But it is still at the initial stage, there are some problems need to be solved, so it is necessary to do a study.This paper includes four parts:The first part briefly discusses the concept, features of medical disputes. Based on which it analysis of the concept, characteristics of the mediation mechanism of medical dispute, which lays a good foundation for the following paper.In the second part, the author selects several representative western countries and analyzes their mediation system of medical disputes with the purpose of getting some beneficial enlightenment for our countries to learn.The third part mainly summarizes the present situation of medical dispute resolution mechanism in china. This part is divided into three points, the first point analyses parties through consultation, administrative mediation and the court proceedings of the three traditional dispute resolution and a new way of mediation of medical dispute one by one, and highlighted the great advantages of medical dispute mediation; second point introduces two patterns of medical dispute in the cities of Tianjin and Shanghai, analyzes their similarities and differences and finds out the problems; third point mainly analyzes some problems of the mediation mechanism of medical dispute which is still at the starting stage in our country, laid the foundation for the following discussion of the improvement measures of our country’s mediation mechanism of medical dispute.Based on the previous three part analysis of problems of mediation mechanism of medical dispute, part four the author sums up these successful experiences of medical disputes overseas and from three aspects providing the reference for improving the mediation mechanism of medical dispute in china.