The Exploration Of Japanese Medical ADR System

With the development of socialist market economy and the overflowing dissemination of network information,the doctor-patient conflict caused by medical dispute has been increasing,which often leads to malignant events,disturbing social harmony and stability.The present resolution mechanism in China needs to be refined,and the judicial judgment of medical dispute is not professional enough.If these medical disputes cannot be solved properly,the judicial authority will be damaged severely.Japan has been known for its perfect health-care system,high medical quality,adequate medical security and its few doctor-patient conflicts.According to incomplete statistics,medical disputes only account for 2.5 percent among the cases accepted by court annually,and 99.7 percent of the medical disputes are solved by non-litigation,which is benefited from its ADR(Alternative Dispute Resolution)system.Japan and China are close neighbors sharing similar cultural background,and are highly complementary in the system of solving social issues,harmonizing interpersonal relationship and maintaining social stability.This thesis will analyze the Japanese medical ADR system,and explore the significant influence of ADR system in solving medical disputes in Japan.Considering the system's experience and achievements,the thesis aims to sinicize the Japanese medical ADR system and further establish and refine the medical dispute resolution mechanism in China.The body is divided into five chapters.The introduction mainly discusses the research background,methodology and innovation.Chapter one and chapter tow explains the key concepts,such as the definition of ADR theory,fundamental principles and properties,further presenting the application and development of ADR theory in medical field,which aims to form a basic impression of ADR theory for readers,and introduces the medical ADR in several typical foreign countries.Chapter three is an overview of the establishment of Japanese medical ADR system.Through revealing the background,process and accomplishment,this chapter presents the establishing process of Japanese medical ADR system systematically.Chapter four analyzes four representative types of Japanese medical ADR system:medical association-leading ADR,jurist commission-leading ADR,NOP corporation-leading ADR and court judgment-leading ADR.Readers will understand Japanese medical ADR system through the introduction of the concepts,operations and results of the above-mentioned four types.Chapter five presents the achievements,advantages and disadvantages of the Japanese medical ADR system.Through analyzing the statistics from Supreme Court of Japan,Japan Medical Association and Japan Lawyer Association,this chapter illustrates the achievements and influence of Japanese medical ADR system in chart and summaries both the advantages and weaknesses of this system,helping reader to have a comprehensive understanding about the medical ADR system.Chapter six shows our exploring experience of ADR mechanism in some areas by researching the existing conditions of medical dispute resolution mechanism in China,and makes recommendations to the measures to establish and refine medical dispute resolution mechanism in our country.