The People’s Mediation System On The Doctor-patient Dispute

In recent years, with the increase in the number of medical treatment, the contradiction between doctors and patients has become more and more sharp, the number of medical disputes also showed a rising trend year by year, which makes the social conflicts increase, serious impact on social harmony and stability, as happened before "the Second Affiliated Hospital of Medical University Of Anhui medical records," kill "hayida kill medical records" kill medical event great social impact. According to the medical disputes, China passed the "Regulations on handling medical accidents in February 20, 2002"(hereinafter referred to as the "Regulations"), and in September 1st the same year promulgated the "regulations, the provisions of Article 46:" the occurrence of medical accident compensation civil liability disputes, both doctors and patients can be resolved through consultation; not willing to consultation or negotiation fails the parties may apply for conciliation, to the administrative department of public health, may also directly file a civil lawsuit to the people’s court. Thus, the "consultation" that reconciliation, "administrative mediation", "action" of the three kind of legal dispute resolution way they also felt.However, in the face of the increasingly sharp contradiction between doctors and patients, the three traditional dispute resolution methods have gradually exposed its shortcomings and limitations, such as the probability of success to solve the consultation between the two sides is relatively low; let the health administrative department for mediation, patients worry that the administrative department of health will favour the hospital; if it is too time-consuming litigation settlement have to wait a year or so, at least to wait until the settlement results. So, many places began to explore the fourth road of medical dispute mediation committee, to an independent third party identity intervention and treatment of medical disputes. Medical dispute mediation committee by the people’s mediators, relevant experts and professional staff composition. Mediation of medical disputes shall not charge any fees. In fact, as early as in August 28, 2010, our country has been in the eleventh session of the Standing Committee of National People’s Congress sixteenth conference passed the "people’s Mediation Law" of the people’s Republic of China, but provides the most basic legalbasis and legal guarantee of the law only for medical dispute mediation, people’s mediation system is still entirely inadequate to patient dispute the norms and constraints in china. Therefore, according to China’s current stage of theory and practical experience, combined with the relevant institutions abroad experience, tries to explore some construct and perfect the medical dispute mediation system in our country the opinions and suggestions.This paper consists of four parts:The first part is the summary part. This part is mainly an overview of the concept and characteristics of medical disputes, and the main mechanism of our country at the present stage to solve medical disputes. In addition, an overview of the system of people’s mediation of medical disputes, and its superiority compared with other mechanisms, and introduces the mechanism of medical dispute mediation committee-- specifically to solve medical disputes in our country, namely "medical adjustable committee".The second part introduces two kinds of practice-- Shanghai Putuo District mode and Shanxi mode of doctor-patient dispute people’s mediation system in our country, and their respective advantages and disadvantages. To draw lessons from the domestic practice.The third part is the study of foreign and Chinese Taiwan area medical dispute mediation system. Foreign countries mainly enumerates the doctor-patient dispute people’s mediation system in the United States, Germany and Japan, and from their countries to learn from for our national medical dispute mediation system the experience, in order to improve the medical dispute mediation system in china. At the same time, also briefly introduced China’s Taiwan region of doctor-patient dispute people’s mediation system, so we can see that the doctor-patient dispute people’s mediation system in Taiwan area and the mainland different, differentiate for reference.The fourth part is to improve about doctor-patient dispute people’s mediation system in china. This part from the aspects of legislation, funding, personnel, organization, program put forward some opinions and suggestions for improving doctor-patient dispute people’s mediation system in china.