Research On The Legal Resolution Mechanism Of Doctor-patient Disputes

From ancient times to the present,the doctor-patient dispute has always existed between doctors and patients,especially in the past 30 years,doctor-patient disputes are more frequent,not only damage the rights and interests of patients,but also if not handled well will bring life threats to doctors,doctor-patient disputes have become an important obstacle to the construction of harmonious doctor-patient relationship.Because of the professionalism of medicine and the particularity of patients' physical fitness,making doctor-patient disputes prone and high.Especially in today's society,medical equipment technology is not really able to feel the authority of doctors,in the case of treatment results can not meet the patient's expectations,the first thought of patients is the distrust of doctors,Therefore,building a harmonious doctor-patient relationship plays an important role in solving the dispute between doctors and patients.There are three main mechanisms for solving doctor-patient disputes: reconciliation,mediation and litigation.But in practice,these three solutions play a different role,how to choose the best way to solve doctor-patient disputes is a difficult problem for patients,due to the endless development of laws,the people often do not know what kind of law to choose in their own favor when they encounter medical disputes,or when both sides choose evidence in their favor,there will be a conflict of applicable law.The purpose of this paper is to put forward better measures for the legal settlement mechanism of doctor-patient disputes through the study of the disadvantages of the legal mechanism of handling doctorpatient disputes in China and the legal mechanism of handling doctor-patient disputes in foreign countries.The full text is divided into five parts,the first part is the introduction,which mainly introduces the background and significance of the topic,expounds the current research situation at home and abroad,and introduces the research methods and innovation points of the article.The second part is an overview of doctor-patient disputes,defining the concept of doctor-patient disputes,explaining the constituent subject,object and content of doctorpatient disputes,and analyzing the characteristics of doctor-patient disputes,and also analyzing the harm caused by doctor-patient disputes through two aspects from the whole to the local understanding and understanding of doctor-patient disputes.The third part analyzes the causes of doctor-patient disputes in China.The fourth part analyzes the existing solutions in China The legal mechanism of doctor-patient relationship includes five aspects: imperfect laws and regulations to deal with doctor-patient disputes,insufficient mechanism of negotiation and settlement,malpractice of administrative mediation mechanism,imperfect construction of third party regulation mechanism and problems of litigation mechanism.In the fifth part,by studying the methods of dealing with doctor-patient disputes in the United States and Japan,the author draws the enlightenment to the settlement of medical disputes in China.The sixth part puts forward some perfect measures to solve the deficiency of the legal mechanism of doctor-patient relationship.