The Research On The Social Science Of Medical Dispute Settlement Mechanism

According to the frequent occurrence of medical disputes and the phenomenon such as doctor-patient contradiction in our country. In this paper, we have studied the current medical dispute resolution mechanism and our current medical dispute resolution mechanism. Starting with the basic concepts of attribute and medical dispute, the article discusses the problems which existing in the current medical dispute settlement mechanism, we also notice that some provinces and cities have explored in the practice of the medical dispute resolution innovation, such as Shanxi Tianjin and Ningbo have improved the medical disputes,and get a big success. We advocates the idea that using the diversified way to defuse the doctor-patient contradiction and satisfying the basic rights relief of patients, in order to achieve our social harmony and stability.In this paper, I mainly adopts the method of literature analysis, empirical analysis, comparative analysis and value analysis, the full text is made up of introduction and the body, the body is divided into four parts:The first part discusses the medical litigation, people’s mediation, medical arbitration,medical insurance, other dispute resolution methods. I have compared the advantages and disadvantages of different medical disputes that should be adopted with the multi-party mechanism. we should give people more choice of dispute ways to make people’s demands be solved in time. At the same time, we discuss the effectiveness of Shanxi,Tianjin and Hainan in the medical dispute resolution model,and talk about the innovation and practice which have achieved. First of all,I think it is a development of specialized medical and regulations to protect the dispute resolution process. Government should formulate the law to give the legitimacy of medical dispute resolution body, At the same time, we should establish a sound social security system infrastructure facilities, so as to promote pluralism medical dispute settlement mechanism effectively implemented.The second part demonstrates the problems which our current medical dispute resolution mechanism. It is a process of dispute resolution to restore the social order. We should absorb and draw social forces pluralistic concept of dispute resolution, Every society has its dominant social conflicts and hidden concept of social contradictions, including use of the civil power, such as third-party force arbitration institutions, insurance institutions which can provide a platform for the rapid processing of medical disputes, so it is essential that using the methods which mentioned can help the doctor-patient conflicts erupted and provide a buffer zone.The third part demonstrates the medical dispute resolution mechanism in the field of sociology of law theoretical background, I have conduced a number of dispute resolution proposition, including:the value of the mechanism of social control theory, implementation of the law and dispute resolution dispute resolving social environment, etc. in addition, I also discussed in terms of the legal culture and cultural origins of medical disputes, as we all know,We Chinese people have been influenced by the Confucianism for thousands of years, and the Confucian harmony, no litigation of judicial ideas have deeply influenced the comprehensive management of the society,which by way of external action to resolve medical disputes, both doctors and patients can reduce the antagonism that both doctors and patients deal with disputes in a relatively peaceful environment for doctors and patients in a timely manner to resolve conflicts, as to promote the orderly development of the society to provide various channels.The fourth part presents a sound medical dispute resolution mechanism specific path:first, we should adopt the ideological dispute resolution to establish a wide range of ideas; secondly, medical disputes is a systematic project, and we should improve the laws and regulations. It is important that supporting the social security system, and quality of health services have all implemented an effective influence medical disputes efficiently and timely solutions, therefore, we should build the re-integration inseparable pluralistic medical dispute mechanisms and make a good use of the executive power and social resources.