The Study On Doctor-Patient Dispute People’s Mediation System

Medical disputes are hot issues of wide social concern. In recent years, has become a kind of dispute is the highest, the most difficult treatment. Medical dispute, generally refers to both the doctors and medical institutions and medical personnel examination, treatment, nursing behaviors and the results and causes of responsibility, in the understanding of differences and disputes. In essence it is a people’s livelihood, is the existing level of medical treatment, medical resource, medical ethics cannot satisfy people’s demand results.The solution how to seek medical dispute in the China context, there is a lack of high quality studies at home and abroad, the existing research, mostly focused on the use of administrative, judicial inquiry, arbitration, mediation, or resources. In view of China conditions, cultural traditions, the urgent need to find another way. Since 2006, the judicial administrative department of the city to explore the practice of people’s mediation in disputes resolution, five years with remarkable results. In 2011 August the city began the full implementation of, all occurred in Shanghai medical disputes can be resolved by the third party mediation, the mediation system is to defuse doctor-patient contradiction and maintaining the medical order play a crucial role in. It is worth pointing out, it is the exploration and practice of medical dispute mediation based, directly promoted the city in the municipal government to increase the doctor-patient dispute people’s mediation policy support, make Shanghai the doctor-patient dispute people’s mediation work become the most solid, into one of the most obvious provinces.This thesis is based on Shanghai City, doctor-patient dispute people’s mediation work practice, the doctor-patient dispute people’s mediation system of the city conducted a comprehensive review, after analyzing the present situation, harm and lack of medical dispute, the people’s mediation system to resolve disputes in the unique advantages and important role in medical disputes are expounded, and puts forward the some proposals and measures to further improve the medical dispute mediation mechanism of the third party. In order to further promote the settling medical disputes, rebuilding trust between doctors and patients, and to build a harmonious relationship between doctors and patients, and put forward new mode with the characteristics of the times, China characteristics, the characteristics of Shanghai, in order to more parts of the country, a wider range of replication and implementation. In this paper, except the introduction and conclusion, is divided into six parts.The first part, introduces the background and the significance of the establishment of the people’s mediation of medical dispute, briefly summarizes the literature review, explain the research methods some theoretical concepts, an important basis and assumptions and the research methods.The second part, there are comprehensive analysis of the general characteristics about the current medical dispute, manifestations, causes and hazards.The third part, analysis of the current doctor-patient disputes the original three solutions, namely, negotiation, administrative mediation and civil litigation has obvious limitations. In addition to negotiation between doctors and patients, lack of other channels, urgent need to introduce more credible third party mediation organization socialization.The fourth part, elaborated the significance of the establishment of the system of people’s mediation of medical disputes in Shanghai. People’s mediation is a non litigation dispute with a Chinese characteristics of resolving contradictions, eliminate the settlement of disputes, is internationally known as "Oriental experience". It is a profound Chinese traditional culture of law, in line with China’s national conditions, fit the needs of the masses, and also an important action to strengthen the social management and innovation, is helpful to avoid intensifying the doctor-patient conflicts and disputes have been damaged, repair the doctor-patient relationship.The fifth part focuses on an analysis of the practice, to promote the people’s mediation system of medical disputes in the city. Especially at present, relevant information and related dispute mediation in the city to carry out the work of people’s mediation of medical dispute data. And, also briefly expounds the content recently issued "Shanghai City medical dispute prevention and mediation way"The sixth part, put forward specific ideas and measures, to further improve the doctor-patient dispute people’s mediation system such as the city, to further strengthen the leading role of the government of the people’s mediation mechanism of medical disputes, establish and improve the mechanism for the community to participate in the medical dispute mediation, and explore the people’s mediation mechanism of medical disputes as the prepositive procedure of court mediation before litigation etc..The realistic significance of this thesis, the author tries to discuss the unique advantage of doctor-patient dispute people’s mediation system and an important role, and further promote the work, efforts will lead to medical institutions of medical disputes, and more effectively protect the legitimate rights and interests of patients, and promote the establishment of a scientific and effective coordination mechanism, the mechanism of demand expression, conflict mediation mechanism and the rights protection mechanism. At the same time help medical institutions to reduce any menace from the "rear", avoid worry about personal gains and losses, be full of worries mentality, to make efforts to reduce the conservative treatment, excessive treatment, dare to try to use new, advanced and high risk of medical technology, and eventually promote the development of medical science and progress, the patients and doctors can benefit from the infinite.