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On The Consistency Between The Third Party Mediation And The Litigation Mechanism In The Settlement Of Medical Disputes

Posted on:2016-04-05Degree:MasterType:Thesis
Country:ChinaCandidate:D M WuFull Text:PDF
GTID:2296330470468877Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In recent years,our country is in a special period of health care reform,people pay more attention to the life and health, law consciousness is growing, medical disputes increase every year.Medical disputes have become the important issues,which has affected social harmony and stability, because it involves widely, it’s professional and complex, and it’s hard to handle.Due to the improper handling of medical disputes, medical disturbance,occupational medical disturbance,violent injury,smashing medical organization and other discordant vicious incidents,resolving medical disputes quickly and thoroughly,easing growing tension in doctor-patient relationship has become the common aspiration of doctors and patients."Regulation on the Handling of Medical Accidents" provides three legal ways to resolve medical disputes: the parties negotiated among themselves,administrative mediation and litigation.Although these ways have their own advantages,there are also some deficiencies.In the negotiation process,it is prone to the patients to have one side antagonism, and that will intensified the dispute.As a department of medical institutions,health administrative departments will mediate between doctors and patients,and that would make patients lack confidence in their ability to maintain neutrally.It is difficult for the doctors and patients to guarantee conscientiously,even if they reach the conciliation agreement.Medical disputes resolved through litigation,is becoming the last solutions of patients’ choices,because its cumbersome and complex procedures,high cost,long cycle and other deficiencies.Due to the limitations of the above three ways,the dispute can not properly resolved and the interests of doctor-patient can not effectively protected.In this context,many cities have practiced and explored the third-party mediation of medical disputes.the third-party mediation use the people mediation mechanism, Intervention by a neutral third party mediation between the doctor-patient relationship. the third-party mediation has Independence,professionalism and confidentiality,etc., with social credibility.As a medical dispute resolution way,the third-party mediation mechanism has a strong advantage.It can effectively compensate the deficiencies of the litigation and the other traditional disputes resolution mechanisms. It has gradually drawed the attention nationwide.Its easing doctor-patient conflicts, resolving medical disputes played a huge role.To resolve the medical dispute fairly and reasonably and to build a harmonious doctor-patient relationship,it is necessary to converge the third-party mediation mechanism and these above three disputes resolution mechanisms,especially connect with the litigation mechanism can complement each other.On october 23, 2014,The fourth plenary session of 18 th CPC Central Committee adopted the “Decision of the CPC Central Committee on Major Issues Pertaining to Comprehensively Promoting the Rule of Law”.In order to accelerate the protection and improvement of people’s livelihood and promote social governance system innovation legal system construction,it’s necessary to strengthen key areas of legislation, according to the law to strengthen and standardize laws on health care."Regulations" also pointed out that "a sound mechanism to resolve social conflicts and disputes prevention,improve mediation, arbitration,administrative rulings, administrative reconsideration,litigation and other organic convergence,coordination of diverse dispute resolution mechanism, strengthen the industry, professional people’s mediation organizations,improve people’s mediation, administrative mediation and judicial mediation linkage system work.’Our country should improve the relevant legislation of the third-party mediation mechanisms;our country should enact the law of Medical dispute prevention and disposal as soon as possible,our country should set the third-party mediation mechanism as a pretrial proceedings;our country should complete the judicial review system of mediation agreement for medical dispute;our country should establish mutual recognition system of evidence for medical disputes;our country should build a litigation system in which the third-party mediation organizations can participate.In order to provide judicial protection for a fair and reasonable solution to medical disputes,and to promote the harmonious development of the doctor-patient relationship,we should build a diversified medical dispute resolution system.In this system,the core is the third-party mediation mechanism,and litigation mechanism is the ultimate protection,and various dispute resolution mechanism can complement each other,support each other,and convergence each other.
Keywords/Search Tags:medical disputes, the third-party mediation, the convergence mechanism between the mediation and the action
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