Historical Evolution And Enlightenment Of Chinese Doctor-patient Dispute Settlement Mechanism

Doctor-patient disputes have existed since ancient times,and have a history of thousands of years in China.This social phenomenon does not die out with the iteration of history,but has shown a curved development for a long time,which is a problem existing in the world today.Under the influence of different social,political,economic and cultural backgrounds since ancient times,the concept of "practicing medicine" and "seeking medical treatment" have a profound impact on the doctor-patient relationship and dispute resolution mechanism in modern and contemporary China.Since ancient times,there have been relevant laws and regulations to regulate medical practices.Since modern times,there have been clear provisions on doctor-patient disputes and medical accidents at the legislative level.Found in historical materials,there are various kinds of ancient medical disputes settlement mechanism.By re-examining the ancient medical dispute resolution mechanism model,this paper holds that the medical dispute resolution mechanism in China's past dynasties has the characteristics of maintaining the ruling class,unequal rights and obligations between doctors and patients,and light punishment for people in handling medical accidents.Its advantages include that decriminalization of doctors promotes medical prosperity and doctor-patient reconciliation is more common,there are also technical limitations of litigation and widespread civil violence.On this basis,this paper proposes that in the principle of doctor-patient dispute resolution mechanism,we should continue to carry forward and improve the principle of expert identification,causality and degree of responsibility,and the principle of punishment for major medical errors;at the same time,we should improve the legal system of medical affairs in China,establish a diversified and interactive mediating mechanism for doctor-patient disputes,establish a medical arbitration mechanism and an expert jury mechanism,and reduce the promotion by the media.While safeguarding the legitimate rights and interests of patients,we should further safeguard the steady and orderly development of China's medical undertakings.