Research On Legal Regulation Of Medical Disturbance

At present,the phenomenon of “medical riots” has occurred frequently,which disrupts the normal medical order.In addition,the knowledge structures of law and medicine themselves are with high degrees of professionalism,which is difficult for common patients to know about.The discordance between the doctors and the patients,due to the non-equivalence in the knowledge structure and the application of the law,has led to an intensification of contradictions between them.When a dispute occurs,the patient's choosing of an unreasonable approach to resolve medical disputes seriously disrupts the normal medical management order,impairs the life of health care workers,hinders the development of medical and health services,and eventually affects the progress of China's legislation.The behavior of doing medical affairs has no benefits in resolving disputes between doctors and patients in real life,and it is labeled as illegal or even crime.This thesis is made up of three parts,introduction,body and conclusions,of which the body part is discussed in the following three parts:First of all,put with the basic theories of the behavioral law regulation on “lawlessness”,in which the classification and connotation of “medical plague” are mainly written.The “medical harassment” and disputes between doctors and patients and the relationship between “medical harassment” and group events are also analyzed in the connotation.The causes of “medical harassment” are analyzed from legal,social,economic and cultural perspectives and the hazards are analyzed from the perspective of the doctors and patients,which lays the foundation for an in-depth legal regulation study of “medical harassment”.Meanwhile,the basic values and concepts that should be followed in the legal regulation of “medical harassment” are sorted out.The second part is mainly about the study of the multiple ways of resolving disputes between doctors and patients at the current stage in China and find out problems in the regulation of “medical harassment”.It is mainly analyzed from the three levels of legislation,law enforcement,and judicature,including the following aspects,the legal provisions of the rights and obligations of both doctors and patients are not reasonable,problems are existed in the field of administrative law enforcement and judicial litigation.At last,some concrete ideas for the perfection of the legal regulation of “medical harassment” in our country are put forward.Insist on the value orientation of equality,order,and justice from the perspective of jurisprudence.Advocate perfecting the existed legislation and promoting the construction of a legal regulation system.Increase the crackdown on “medical harassment” in the field of administrative law enforcement.Improve the efficiency of judicial proceedings.Continue to deepen the reform and innovation of the medical system.Establish a good doctor-patient communication mechanism,improve the administrative mediation and third-party mediation mechanism,and unblock the multi-dimensional measures to promote the realization of a “non-medical harassment” society.