Font Size: a A A

Research On Alternative Dispute Resolution Dealing With Medical Disputes

Posted on:2017-04-18Degree:MasterType:Thesis
Country:ChinaCandidate:X DaiFull Text:PDF
GTID:2296330485466531Subject:legal
Abstract/Summary:PDF Full Text Request
With the unceasing development in medical level, the medical disputes also intensified. However, many of the medical disputes have not been solved properly, and translate into violent clashes in the end. As professional and scientific as the field of medicine, in the lawsuit the judge is difficult to find out the facts. Therefore, adopt ADR is very important. The ADR not only avoid the problems in the trial, but also can solve the dispute in a milder way. Although the ADR has obvious advantages in dealing with medical disputes, but due to imperfect legislation, etc., makes the mechanism does not play its role well. Therefore, how to perfect the ADR has important practical significance.This article analyzes the medical disputes ADR of China, propose some improving measures, laying a foundation for further perfecting of the medical disputes ADR. This paper is divided into the following four parts:The first part mainly studies some basic questions about the medical disputes ADR, mainly including the concept, characteristics and its comparison with litigation mechanism.The second part is mainly introduces other country and Taiwan of China how to resolve the medical disputes by ADR. This part take Germany, France and Taiwan of China as the representative of the continental law system, meanwhile, the common law system represented by America, Britain and Japan.The third part mainly introduces the present situation of the medical disputes ADR in our country and the existing problems. This part present some issue, such as the lack of systematic and comprehensive medical liability law, arbitration mechanism is not perfect, the insurance company lack of tolerance to ADR in medical disputes,etc.The fourth part discusses the perfection of medical disputes ADR mechanism in our country. Including to perfect the legal system of the ADR mechanism, to perfect the medical disputes arbitration system and medical liability insurance system, etc.
Keywords/Search Tags:medical dispute, alternative resolution mechanism, mediation, arbitration, medical malpractice insurance
PDF Full Text Request
Related items