Research On The Problems And Countermeasures Of Solving Medical Disputes By Arbitration In China

With the increasing proportion of medical disputes cases in our country,it can be said that it affects the social coordinated development to certain extent.Although,at this stage of our country,there have been three ways of resolving medical disputes.However,it has to be admitted that these measures have their own drawbacks which are not effective in the practical application of dealing with medical disputes.Under such circumstances,the application of a new type of medical disputes resolution measures to make up for the deficiencies of these three measures appears particularly necessary,in order to achieve the ultimate goal of effectively promoting the medical industry to advance steadily.In view of the above,this paper takes the arbitration to settle the medical disputes as the point of penetration,it is divided into three parts to be analyzed and studied.The first part:the relevant basic theories of medical disputes and arbitration are summarized.At the same time,the paper's basic point of view that medical disputes have arbitrability is expounded,and through the analysis of the current three kinds of medical disputes measures in China and analyzing the disadvantages it exposed,thereby it led to an arbitration that could just make up for the inadequacies of these three measures and as a solution to medical disputes and meanwhile the superiority of solving medical disputes by arbitration is expounded.The second part:through the introduction and analysis of medical disputes arbitration practices in Ganzhou and Shenzhen which are typical in China and as a basis for the following points out the practice of arbitration to resolve medical disputes' problems which are existing.At the same time,this paper analyzes the problems that professional subdivison of arbitrators in medical field are not perfect and there are defects in the appraisal process,medical disputes arbitration does not carry out commonly and so on.At the same time,the relevant valuable experience of the United States,South Korea and Japan has been learned from.The third part: according to the actual situation of our country proposed that perfecting arbitrators and their roster in medical disputes arbitration and making up for deficiencies in the appraisal process,providing legislative protection,clarifying the nature of medical disputes arbitration institutions and meanwhile increasing the public propaganda of medical disputes arbitration's countermeasures and suggestions.