Research On The Legal Mechanism Of Dispute Resolution In China

After the reform and opening up, with the rapid development of economy, our country has made unprecedented progress in medical and health services, and the market of medical institutions has become more and more concentrated. Although has obtained the unprecedented progress, but also with the many problems and medical institutions for people is indispensable, medical from the public service function of a planned economy gradually turned to public property and the profit of the combination of the nature. Therefore, in patients and medical machine construction appeared all sorts of contradictions, this paper from the point of view of doctors and patients to analyze the causes of these contradictions. The two sides in the production of these contradictions at the same time, often cause a variety of problems, such as: the number of disputes between doctors and patients to increase rapidly, the lack of good faith between doctors and patients and the interests of conflict between doctors and patients, etc.. Between doctors and patients because of information asymmetry caused by the above problems, not only on the medical side caused distress has also seriously affected residents normal life, even because of this contradiction deadly consequences. In view of the above mentioned to solve exists between the two sides of the contradiction not only protect the medical trouble both sides legitimate rights and interests, promote the harmonious relationship between doctors and patients.Firstly, this paper starts from the concept and classification of medical disputes, and details its characteristics. Then from the current situation of medical dispute the social reality to analyze the causes of medical disputes brought harm to the society, the root cause of the dispute is due to the conflict of interests between the two sides, the specific reasons are: 1, medical reasons, including treatment for patients with medical personnel, lack of the concept of rule of law is not in time and hospital the lack of communication between doctors and patients; 2 patients, the reasons, including the unknown in the field of medicine does not understand, truthfully inform the hospital medical history, disease and patient to hospital of high expectations and rights over disputes; 3, social reasons, including the public to the medical industry has a negative effect on dissatisfaction, news public opinion and the lack of appropriate legal regulations and supervision. In addition to the fundamental reasons and specific reasons, there are also a number of problems in the process of medical disputes in the solving and problems existing in such as through consultations to resolve the existing problems, the expertise of medical dispute in the presence of problem, the medical dispute administrative mediation and through litigation handling medical disputes in the problems.Based on medical disputes arising from an analysis of the reasons that the disputes between doctors and patients is not a simple dispute, which involved and the main reason is in many aspects, not to rely on an institution or law can be resolved, of comprehensive application of multi sector to solve, namely in the face of doctor-patient dispute to a variety of methods from different aspects to settle the dispute. Such as improving the negotiation mechanism, improving the medical accident identification system, strengthening the role of administrative mediation in the dispute between doctors and patients and the important role of litigation to resolve disputes between doctors and patients.