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Discussion On The Connection Between Doctor-patient Dispute Mediation And Litigation

Posted on:2020-04-01Degree:MasterType:Thesis
Country:ChinaCandidate:J X ZuoFull Text:PDF
GTID:2416330578455609Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Today,disputes often occur between doctors and patients,and endless cases flood into the courts.The traditional litigation model itself does not solve the current situation of the court.There are many cases and few cases.Many new contradictions and disputes during the social transition period have made the court's judicial staff feel helpless.Due to the knowledge,professionalism and complexity of doctor-patient disputes,different solutions are needed for different situations.Therefore,all parties have invested a lot of manpower,material resources,financial resources and time.Disputes between doctors and patients have been around for a long time,and medical violence has also occurred from time to time.On the one hand,it exposes many of the structural and functional problems that exist in the original dispute resolution mechanisms of doctors and patients.It also has a negative impact on the normal development of the doctor-patient dispute resolution mechanism and the health of the people.There are many reasons for this.One of the most important reasons is that the coordination of diverse dispute resolution mechanisms is not smooth enough.On the one hand,the integration of civil mediation and official litigation is not smooth.On the other hand,there is no corresponding supporting regulations in terms of the form and specific content of the contact.Inadequate contact with the complaints caused the patients to “utilize their worries” and could not completely solve the “medical difficulties”,resulting in the waste of judicial resources and social resources.Generally speaking,medical disputes are mainly resolved through mediation,arbitration or litigation of medical disputes,administrative connections,medical disputes.The diversified settlement mechanism for doctor-patient disputes is based on litigation and mediation outside the courts.This new model is both fluent and consistent with dispute resolution,and can effectively compensate for traditional dispute resolutionmechanisms,such as litigation.Inefficiency,lack of medical knowledge of judges,and emotional instability between the parties can solve the drawbacks of mediation without law enforcement,exert its zero cost,plan life,short cycle and ease the confrontation between doctors and patients.advantage.If we can build a system of advocacy and coordination,and various dispute resolution mechanisms work together to ensure effective links inside and outside the litigation,it will ease the pressure on courts and hospitals and give patients satisfactory answers.Therefore,this article starts with the traditional TCM relationship and starts from the diversified dispute resolution mechanism to accurately define the specific points of “fit” and “tune”.At the same time,we understand the current situation of the relationship between the "tune" outside the court and the "litigation" of the court,as well as the rationality and inadequacy of this connection,summarizing the existing cohesiveness model,finding out the perfect countermeasures,and alleviating the relationship between doctors and patients.Nervous,creating a harmonious environment for doctors and patients.The effective cooperation between the "first line of defense" and the "last line of defense" to achieve social justice will resolve grassroots contradictions and resolve contradictions.
Keywords/Search Tags:mediation, litigation, cohesive devices, judicial confirmation
PDF Full Text Request
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