Analysis Of China's Medical Dispute Arbitration System

The rapid growth of the number of medical disputes in recent years,the doctor-patient relationship is not harmonious,doctors offen calls himself "a foot in the hospital,one foot in the court".The legal attribute of the medicai dispute? The solution? Controversial in the educational word,the author thinks that belong to the category of civil disputes in medical disputes.The particularity of medical disputes are presented,and people consciousenss enhancement,the existing dispute solution appear a little inflexble,the current medical environment is an urgent need to build a fast,fair and low-cost medical disputes solution to defuse tension doctor-patient contradiction.Since 1994,the arbitration law of the People's Republic of China(hereinafter referred to as the "arbitration act"),issued by the arbitration after 20 years of development,combined with the advancement of local legislation,both in theory and has a relatively complete system of arbitration system,so the use of arbitration system to solve medical disputes has theoretical basis and institutional basis.Arbitration system from the point of view,international situation is more and more countries apply to the medical disputes,visible use of resolving medical disputes arbitration system is an international trend.Based on the medical dispute arbitration for the thesis is divided into five chapters.the first chapter mainly expounds the definition of medical disputes,the third chapter both doctors identify legal relationship and docor-patient dispute arbitration can be lay the foundation;The second chapter to the US,Japan and Germany,the developed countries represented by way of solving medical disputes were summarized,and expectattions for the establishment of medical dispute arbitration system in China in order to provide the beneficial reference;The third chapter from the medical dispute in main body equal legal status,the content of the dispute between the two sides,the content freely dispose of property,subject to dispute and medical disputes actionable analyzed,four aspects to make the medical disputes is to arbitration;The fourth chapter of compulsory arbitration mode comparative analysis,proposed our country should adopt the idea of any arbitration mode in medical disputes;The fifth chapter to forecast the possibility of medical dispute arbitration,at the same time puts forward the author's thinking on the solution of these problems,in order to refer to it when I read it.