Research On Medical Dispute Arbitration Mechanism In China

In recent years,China's frequent medical disputes,doctor-patient relations are tense,doctors often jokingly called themselves "one foot in the hospital,one foot in the court." Medical disputes belong to the category of civil disputes.However,due to the professionalism of medical treatment and treatment activities in medical institutions,it is difficult to get the understanding of the affected parties when disputes arise.When medical disputes occur,they usually involve the public's right to life and health issues.It is very sensitive to society.Has become the focus of attention of all sectors of society.The traditional practice of resolving medical disputes is to mediate by the administrative agency or bring a civil lawsuit before the court without the possibility of self-negotiation.In recent years,medical disputes have been diversified and complicated,patients 'awareness of rights protection and legal awareness has been continuously strengthened,and the inherent medical dispute resolution methods need to be further improved and improved in order to ease the tense doctor-patient relationship.Arbitration has entered the eyes of experts and scholars because of its advantages of professionalism,confidentiality,and efficiency in resolving disputes.If it can be successfully introduced into the medical dispute resolution mechanism,it can make up for many deficiencies in administrative mediation and civil litigation,and more effectively resolve disputes and resolve contradictions.The successful construction of any legal system is based on the maturity and unity of theoretical research.The theoretical research on the arbitration mechanism for medical disputes in my country is very controversial in the academic circles.There is no conclusion on the definition of concepts and the establishment of institutions.Based on the current situation of medical dispute arbitration mechanism at home and abroad,this paper analyzes the concept,characteristics and current situation of medical dispute arbitration mechanism in China,and introduces the current mechanism of medical dispute resolution in China.The current situation and existing problems of the medical dispute arbitration and resolution mechanism at home and abroad seek to find a medical dispute resolution model that can adapt to the current status quo and build a medical dispute arbitration system in China.The text of this article is divided into four chapters.The first chapter:the basic category of medical dispute arbitration,this chapter briefly elaborated the concept and characteristics of medical dispute,analyzed the current medical dispute resolution mechanism.The second chapter:the current situation of medical dispute arbitration system at home and abroad,taking the United States,Germany,Japan and South Korea as an example,investigates the application of extraterritorial medical dispute arbitration and the situation of medical dispute arbitration mechanism in some parts of China.The third chapter:establishing the theoretical basis of medical dispute arbitration system in our country.This chapter mainly expounds the arbitrability basisof medical dispute in our country,as well as the necessity and superiority of establishing medical dispute arbitration system in our country.The chapter four:The specific construction of the medical dispute arbitration system in China,and how to construct the medical dispute arbitration system in China,including the choice of medical dispute arbitration model,the establishment of the arbitration institution,the rules of medical dispute arbitration,and the composition of the court of adjudication.As well as the initiation of medical dispute arbitration procedures.