Legal Regulation On Medical Disputes In China

For a long time, medical disputes are the most difficult cases in judicial practice, called worldwide difficult problem, our country is no exception. Doctor-patient dispute is the problems that have been in, but in recent years, is a very tense doctor-patient relationship, doctor-patient conflicts escalating the situation. At present, the medical disputes increasing in number, growth rate is also increasing, particularly in extent is intensifying, and patients in the hospital, abuse, beating the phenomenon of the damage of medical staff, medical facilities is often happened. Even on the job "medical alarm". Not only between doctor and patient are not properly solved, both more intensify contradictions. Throughout the medical dispute cases, the medical system is not perfect, do not take the medical institutions, medical staff's professional quality is low, and there is trust between each other in the doctor-patient crisis and bad social public opinion guidance, etc., are the causes of medical disputes. And the occurrence of medical disputes, it will not only infringe on personal and property rights and interests of the patient and family to hurt the patient and family feelings, also can to a certain extent, damage the reputation of the medical institutions and daily operation order, the reputation of the medical staff and personal property interest, and even destroyed the stability and unity of social ethos, the instability factors, affect the harmonious development of society.This article through to the related concept of medical disputes, the nature of the medical disputes between medical staff and the analysis type, from the negative effects of medical disputes, elaborated the current doctor-patient dispute law to solve the defects and deficiencies, and puts forward some Suggestions for perfecting the mechanism of doctor-patient legal dispute and conceptions.This article is divided into three parts. The first part is a summary of the doctor-patient relationship and medical disputes, including the meaning of the doctor-patient relationship and medical disputes between medical staff and types, the nature of the medical disputes, the characteristics of medical disputes between medical staff and social harm of medical disputes. The second part is based on the cause of the medical disputes and the status quo, focusing on the analysis of the medical disputes in the defects of laws and regulations, mainly for law regarding the three kinds of doctor-patient dispute settlement mechanism, namely the doctor-patient consultation system of both sides, the health administrative mediation system, the judicial litigation, study and analysis of these three kinds of ways, and it is concluded that the three ways of legal defects. Last part, that is, the third part is consummates our country the doctor-patient dispute law regulating the ideas and measures, is the cause of medical disputes the existing problems and their solutions, and put forward a series of Suggestions and comments. This part mainly in make standard of medical service contract, consultation system, perfecting the administrative mediation system, set up the third party mediation system, and improve the judicial litigation mechanism put forward the corresponding countermeasures and Suggestions.