A Comparative Study On The Dispute Handling Mechanism Of Medical Disputes Between China And Taiwan

With the deepening of medical reform and the improvement of the rule of state,people's health awareness and legal awareness continue to improve,the quality and level of medical services have higher requirements,but there are still many problems dealing with medical disputes,so there are many problems Conflict between doctors and patients also intensified.Looking at the data in recent years,medical dispute cases show an increasing trend every year,giving medical institutions,courts,patients caused great pressure.The two sides of the strait are the same root,with the same historical background and cultural heritage,in recent years the two sides continue to promote economic exchanges and cultural exchanges,let us realize that the other side of the Straits also have similar problems of doctors and patients,although the two sides Judicial system is different,but in the context of globalization,the two sides of the strait should be more understanding,learn from each other,improve the medical dispute resolution mechanism,ease the contradiction between doctors and patients to promote the development of a harmonious society.This paper analyzes the current situation of medical disputes across the Taiwan Straits,compares and analyzes the core issues in the non-litigation resolution mechanism,the civil settlement mechanism and the criminal settlement mechanism on both sides of the Taiwan Strait,and understand the different legislative spirit and solution of the two sides of the Taiwan Strait.It is hoped that the cross Way to learn from each other,to improve the cross-strait disputes to alleviate the contradiction between doctors and patients to help.This paper is divided into four parts:The first part analyzes the causes and characteristics of medical disputes across the Taiwan Straits and the status quo of litigation and non-litigation between the two sides of the Taiwan Straits.The main reason is to clarify the similarities and differences between the two sides of the Taiwan Straits.The second part analyzes the characteristics of the legal relationship between doctors and patients on both sides of the Taiwan Straits,and combs the different treatment of the legal relationship between the two sides in the medical disputes.The third part expounds the meaning,function and characteristics of the ADR system,and further analyzes the application of the ADR system in the mainland,compares the mainland and Taiwan ADR solution mode in practical application,and puts forward some suggestions on the ADR reform mode of mainland development reform.The fourth part is based on the cross-strait civil law and is influenced by the civil law countries such as Germany and Japan.The two sides of the strait have great similarity in dealing with the way of civil medical negligence.Firstly,the paper analyzes the relevant civil litigation policy.Secondly,for the two sides of the cross-strait in the handling of civil litigation key issues-the civil burden of proof of the conversion,compared the different values across the Taiwan Strait,reviewed the development of the burden of proof of the mainland,introduced the mainland has gradually established a diversified burden of proof system The While Taiwan on the other side of the strait has gradually developed the burden of proof theory,but has not yet established a complete system of burden of proof,it is worth Taiwan reference and reference.The fifth part analyzes the criminal model of medical dispute litigation across the Taiwan Straits.First of all,it briefly introduces the criminal policy of medical disputes on both sides of the strait.Secondly,it analyzes the judgment,cognizance and imputation of medical criminal litigation,which is the key issue of medical criminal litigation.Finally,this paper argues that the mainland has identified and blamed the medical criminal negligence Which is quite reasonable,and Taiwan's punishment for medical criminal negligence is too harsh,high rate of medical criminal crime is not conducive to alleviate the contradiction between doctors and patients,and promote the development of medical science.