Exploration And Construction Of The Administrative Adjudication System Of Medical Disputes In China

In recent years,serious conflicts between doctors and patients caused by medical disputes have frequently broken out in various places in China,and the number has continued to rise.This reflects the partial failure of the current medical dispute resolution mechanism in China and the need to explore and construct a more effective dispute resolution mechanism in a timely manner.The current medical dispute resolution mechanism in China mainly includes three types of dispute resolution under the “Regulations on the Handling of Medical Accidents”(hereinafter referred to as the “Regulations”)—reconciliation negotiation,litigation,and administrative mediation,and in recent years our country has actively tried to establish a series of arbitration and mediation mechanisms of medical disputes led by tripartite social organizations,which have their own defects and limitations.The author further considers the possibility of using administrative adjudication systems to resolve medical disputes.This article starts with an analysis of the existing problems of the medical dispute resolution mechanism and the defects of the “Regulations” in the legal provisions,re-analyzing the thinking of administrative powers involved in handling medical disputes,exploring the possibility of constructing an administrative adjudication system for medical disputes in China,and trying to carry out an institutional design to supplement and perfect the medical dispute resolution mechanism in China.In the institutional design of the medical dispute administrative adjudication mechanism,this paper proposes to establish a medical adjudication administrative adjudication mechanism at the legal level,and establish a special medical disputes handling committee as a medical dispute administrative adjudication agency at all levels of the health administrative agency;The two-track system for co-existence of medical negligence forensic appraisal and medical accidents technical appraisal shall be abolished,and the appraisal of relevant medical disputes shall be submitted to the medical dispute appraisal institution registered in the judicial administrative organ;A hearing system shall be introduced into the ruling procedure to specify the participants and procedures;We shall also strengthen the legal effect of administrative disputes in medical disputes,and improve legal remedies for administrative disputes in medical disputes,etc.