Study On Third Party Mediation Mechanism Of Medical Disputes In China

With the development of reform and opening up in last forty years,China's economy and medical level have improved rapidly.However,the situation of the limitation of medical resources,the increasing number of patients and the relationship between doctors and patients have become increasingly tense.These problems have existed for a long time.While,with the rapid economic development,the contradiction between doctors and patients has entered the outbreak period,and the number of cases accepted by courts has been increasing year by year.It is,of course,possible to resolve medical disputes through litigation in courts,but the time and cost of lawsuits are high,and medical care is also available.The fact that the limitation of the profession medical brings about the facts and the difficulties on how to determination the responsibilities making people more inclined to adopt non-litigation methods to solve problems in practice.China has established and developed a neutral third-party mediation system to solve medical disputes-the medical disputes people's mediation system.In the exploration and practice of the medical dispute mediation system,local governments have also obtained some good and beneficial experiences,which have alleviated social conflicts to some extent and eased the tension between doctors and patients.However,the system also exposed some deficiencies,for example,it is difficult for the three-party mediation agencies to be truly neutral,and the courts and mediation agencies lack communication and data share,the low enthusiasm of hospitals for insurance,and the third-party mediation society is not well aware of the problems.Therefore,as a legal student,the author hoped to make a contribution using the professional knowledge and solving the stressful doctor-patient relationship.Through the methods of investigation,case analysis,and data collation,thesis article analyzes representative practices in some regions of China,the author finds problems in China's third-party mediation mechanism in practice,and further proposing suggestions for improving third-party mediation mechanisms in medical disputes.In addition to the introduction and conclusion,this article is divided into four parts:The first part is the basic definition of the third-party mediation mechanism for medical disputes.The author give medical disputes third-party mediation definition,through the clear definition of medical disputes,doctor-patient disputes,medical accidents,accurately grasp the connections and differences among the three,through the concept of mediation,the concept of third-party mediation.Through an overview of the third-party mediation and procedures for medical disputes,the main solutions to current medical disputes are summarized,and the practical significance of third-party mediation in medical disputes is discussed.The second part analyzes the defects and causes of third-party mediation mechanism in medical disputes in China.Through investigation and research,the system comparison practices in typical regions such as Beijing,Shanghai,Tianjin,Zhengzhou and Ningbo,the author sums up the advanced experience of each region,finding the current medical dispute mediation problems: The third-party mediation agency is difficult to truly neutral,courts and mediation agencies are missing.The enthusiasm for docking,hospital insufficiency,and third-party mediation society were not well understood.By sorting out these problems,we can find out the real reasons for the problems.The third part is the advanced experience of third-party mediation mechanisms in foreign medical disputes.Through extensive collection of relevant data,systematically comparing the practices of Japan,Germany,the United States,and the United Kingdom in dealing with medical disputes,we analyzed the gap between China and other countries in the mediation of medical disputes,and adopted advanced foreign practices in combination with the actual situation in China,improving advice for the resolution of medical disputes in our country.The fourth part is to improve the third-party mediation mechanism for medical disputes.In response to the problems in the third-party mediation mechanism of domestic medical disputes,several suggestions are made: to clarify the position of the third-party mediation mechanism for medical disputes,to unify the measurement standards,to improve the relevant supporting systems,and to promote third-party mediation of medical disputes in various forms.