Study On The Resolution Mechanisms Of Medical Damage Liability Disputes

In recent years, the doctor-patient contradiction is the outstanding, sharp social contradictions our country’s social management life; and around how to solve the doctor-patient contradiction is the hot spots for scholar’s research. Especially under the background of rules of law, explore and perfect the dispute resolution mechanisms to solve the doctor-patient contradiction is particularly urgent. Prior to the implementation of the Tort liability Taw, the main legal basis for solving the doctor-patient contradiction are "Regulations on Handing Medical Accidents", "General Principles of the Civil Law" and other relevant acts. At that time, the dispute resolution mechanism is not sound as a whole, the way to settle the dispute just like the way that fits to the administrative problems. After the Tort Tiability Taw promulgated and implementation, the doctor-patient contradiction treats as medical damage liability dispute in the field of civil law. On the legislation, the new Acts unifies medical malpractice dispute and commonl medical damage compensation disputes, normalizes the dispute processing mechanism, unifies the system of law application. The purpose of all these reformation is to establish the lawsuit style for the disputes’resolution. Based on these background, the paper tries to research the resolution mechanism of the medical damages liability dispute combining with the present research achievement and actual judicial practice.The article which was consisted to four parts researched the resolution mechanism of doctor-patient conflicts in order to seek some useful suggestioons for perfect the medical damage liability disputes settlement. All the analysis based on the reality of our country, used the methods of historical analysis, comparative analysis, case analysis and other research methods.As the general statement, the first chapter adopts the method of historical analysis to clarify the proceedure that the medical damage liability dispute was established after the Tort Tiability Taw promulgated. The Acts is designed to establish a unified system of applicable law, avoids the deficiencies of the previous ways of the disputes settlement. The article analyzes the connotation and the solution of medical damage liability on the basis of predecessors’ research.Chapter two analyzes some foreign countries’ relevant disputes resolution mechanism, such as Japan, the United States and Germant. Through the analysis of the three countries, especially on the key issues——causal relationship and the recognition of medical treatment fault, provide some unique and innovative ways of dispute resolution reference for our country.The third chapter researches the present situation and the shortage of our country’s medical damage liability disputes settlement mechanism. This part uses the method of case analysis, reveals the deficiencies of the existing disputes resolution mechanism by the analysis of some cases.The last chapter basing on the current situation of our country, drawing the lessons from the abroad concludes some suggestions for consummating our country’s medical damage liability disputes resolution mechanism from two aspects. The first aspect is to perfect our country’s medical appraisal mechanism, concerned with medical treatment fault judicial appraisal, improve the system of expert witnesses to testify and the mechanism of "expert auxiliary"; the second aspect is to construct the Judicial ADR in order to extend more approach for disputes solving. As a detail, strengthen the coalition of suit and mediation for perfecting the judicial ADR mechanism to promote the quickly and efficiently disputes resolution.