On The Arrangement Of Disputes In Medical Tort Litigation In China

In recent years,with the gradual increase of medical tort disputes in China,the contradiction between doctors and patients has intensified,affecting social harmony and development.The state also pays great attention to this issue.In this year's two sessions,the government emphasized the need to strengthen medical security,strengthen drug supervision and so on.These substantive safeguards are important for solving doctor-patient contradictions,but they can not ignore procedural safeguards.Therefore,it is imperative to optimize the medical tort litigation procedure.Medical tort litigation cases have the characteristics of strong medical professionalism,abundant evidence,biased and repeated identification,which bring many difficulties to the trial of cases and lead to the lengthy trial cycle of cases.In order to solve the contradiction between doctors and patients in time and improve the efficiency of court trial,it is particularly crucial to strengthen the arrangement of disputes in medical tort litigation.Based on this,this study takes the sorting out of disputes in medical tort litigation as the research perspective,comprehensively analyses the problems existing in the sorting out of disputes in medical tort litigation in China,and on the basis of the cause analysis,combines the advanced experience of foreign countries,puts forward targeted improvement measures.This paper is divided into three parts:The first part is the analysis of the current situation and problems.The current laws and regulations and judicial interpretations still lack specific operational norms,which lead to the poor effect of sorting out disputes in judicial practice and the serious focus of disputes.Specifically,it includes the reasons and facts that patients can not clearly show the medical disputes,and the non-standard defense of doctors.It argues that the facts are not clear,the arguments on evidence are not comprehensive,and the relevant diagnostic and therapeutic norms are difficult to apply.The second part is the cause analysis,aiming at the specific problems in judicial practice,the main reasons are insufficient medical expertise of patients and judges,lack of provisions on the legal consequences of non-standard defense of the parties in legislation,insufficient procedural guarantee for the investigation and collection of evidence by the parties,and lack of specific provisions on the norms of diagnosis and treatment in law.The third part is the rational thinking of perfection.On the one hand,it expounds the necessity of strengthening the arrangement of disputes in medical tort litigation in China;On the other hand,aiming at the existing problems in the arrangement of disputes in medical tort litigation in China,it also puts forward corresponding improvement strategies from three aspects: factual,evidential and legal aspects.Firstly,the introduction of medical experts and the application of compulsory defense system can promote the clarity of the disputes in fact;secondly,the problems in the arrangement of disputes in evidence can be solved by improving the patient's evidence collection system and legalizing pre-litigation medical expertise;thirdly,it can be illustrated by formulating a list of medical behavior processes,including the scope of legal aid cases,and formulating a unified system of diagnostic and therapeutic norms.Definitely the legal arguments in medical tort litigation.