Medical Arbitration System Research

In recent years,medical disputes showed a rapid growth trend,the doctor back on "responsibility" is more and more big,with non rational rights and medical trouble,even hurt or kill doctors medical service events emerge in an endless stream became a high-risk occupation.There are three ways to solve conciliation,including administrative mediation and litigation in the regulation of medical malpractice promulgated in 2002,but these three methods no longer keep up with the degree of intensification of the contradiction between doctors and patients.So,how can the medical dispute be solved efficiently and impartially? There are still disputes in the academic circle.The author believes that arbitration is a method worthy of our consideration.Despite the controversy over the necessity and feasibility of medical arbitration in the academic circle,since the promulgation of the arbitration law in China in 1994,the general system of arbitration has been improved and has the characteristics of fast,confidential and professional,and the United States,Germany,Taiwan and other places have their own different understanding of medical arbitration.Some areas in China,such as Tianjin,Guangzhou,Shenzhen and other places,have begun to try and have made some achievements,and the social repercussions are generally good,but it is still in the initial stage of exploration.There is no unified Arbitration Model and procedure.There is no regulation on the supervision of arbitration and the cultivation of talents.The advantages of medical arbitration are not fully applied and widely applied.So it has bad influence on development of medical arbitration system in china.In order to alleviate the medical disputes in our country,solve the medical disputes,use the current arbitration system,combine the characteristics of the medical dispute and the basic national conditions of our country,draw the essence of the foreign medical arbitration system,sum up the preliminary experience teaching and training in some areas of our country,and construct the medical arbitration procedure adapted to our country,which is a way out to be explored.Based on the medical arbitration system construction as the theme is divided into five chapters.The first chapter is the introduction,which mainly explains the background and significance of the topic selection,and briefly introduces the research status at home and abroad,the domestic literature review,and the innovation and deficiency of thepaper.The second chapter mainly expounds the basic theory of medical arbitration,discusses the necessity and feasibility of medical arbitration,and lays the foundation for the construction of the fifth chapter of the medical arbitration system.The third chapter introduces the exploration of medical arbitration system in every area of our country from the empirical perspective.On the base of introduction of the mode of Tianjin,Guangzhou and Shenzhens' medical arbitration on the practice characteristics of medical arbitration in China,analysis of the existence of the lack of supervision over arbitration and other issues to point out the direction for the construction of the fifth chapter medical arbitration system.The fourth part,Overview and analysis of medical arbitration system in fourth countries and regions of the United States,Germany and Taiwan Chapter as the representative,in order to provide a meaningful reference for the establishment of medical arbitration system in china.The fifth chapter reflects on China's local medical arbitration exploration,and some experiences and lessons from abroad,the construction of medical arbitration system in China and puts forward some ideas.First of all,the mode of medical arbitration should be know how to choose,what is the compulsory arbitration or any arbitration,the author thinks that is suitable for arbitrary arbitration mode.Secondly,because of the special medical arbitration disputes,arbitration in some problems such as the main program before the start of the mediation,the composition of the arbitration tribunal,the arbitration period has its particularity.Finally,in addition to the above special,such as medical identification,operation of funds,supervision of medical arbitration arbitration institutions and how to promote the training of medical personnel and other supporting arbitration mechanism and medical arbitration also needs our attention.