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The Study On Medical Dispute Resolution In Japan

Posted on:2016-02-09Degree:MasterType:Thesis
Country:ChinaCandidate:W YanFull Text:PDF
GTID:2296330479987885Subject:Legal history
Abstract/Summary:PDF Full Text Request
In recent years, with the development of hospital reformation and the growing awareness of people’s rights, there is a rising trend of medical disputes in China. Medical malpractice could destroy the harmony of the doctor-patient relationship and affect the healthy development of medical and health undertakings.Japan, in the 1990 s, had also experienced a the difficult times which is called "medical unbelief", the contradiction between the patient and the doctor continues to intensify. By 2006, the doctor-patient problems in Japanese society has been very severe. To solve this social problem, both the legal profession and the medical profession in Japan have gone through a lengthy discussion, learning from the experience of the United States, German and some other countries, explored the alternative dispute resolution in line with the needs of Japanese society, succeeded in improving the method of medical dispute resolution.This article is by method of literature research and the data analysis, summarized the Japanese experience and problems in the process of constructing the medical ADR mechanism, combined with the practice of Chinese contemporary issues of third-party medical dispute mediation mechanism, proposed the third-party medical dispute mediation committee from the improvement of legislation,,the improvement of mediation process and the Financial guarantees.This article is divided into the following four parts.Part one: Put an overview of medical dispute in Japan,including the social background,problems in medical dispute resolution, and the tend of alternative dispute resolution. This section not only analyzes the concept and the dangers of doctor-patient disputes caused to society problem in Japan, but also combines with various attempts of medical dispute resolution by the Japanese government.Part two: Overview of Japanese medical ADR mechanism, including the characteristics of the Japanese medical malpractice, and the law of Japanese medical ADR mechanism. By the elaboration of Japanese medical ADR mechanism, reveals the advantages and disadvantages of ADR mechanism in dealing with medical malpractice.Part three: Introduction of three major medical mode of Japanese medical ADR mechanism, including its profile, dispute resolution procedures, as well as operating conditions. Combined with a survey of Japanese government agencies data, and the status of Japanese medical ADR mechanism, getting a better understanding of the experiences and problems in Japanese ADR mechanism.Part four: conclusions. By an introduction of Chinese traditional medical dispute resolution, and the third-party medical dispute mediation mechanism, proposed the third-party medical dispute mediation committee from the improvement of legislation,,the improvement of mediation process and the Financial guarantees.
Keywords/Search Tags:medical disputes, ADR, Japanese medical ADR mechanism, third-party mediation
PDF Full Text Request
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