A Study On People's Mediation System In Medical Dispute

With the development of economic society and the boost of the medical-sanitary system reform as well as the abruptly increasing numbers of medical disputes,the patient-hospital conflicts have been more drastic and arouse a widespread social concern.This essay focuses on the practical operation of people's mediation system in medical dispute and aims to do research on the issue of perfecting the system to mend the patient-hospital relation.Meanwhile,it intends to provide a vision for the future construction of people's mediation medical dispute settlement system.This essay starts with both the achievements and the drawbacks of trying out the system and the author consulted documents concerned for the update information and relevant laws.Based on theoretic analysis and associated with practice,this essay proposes suggestions to improve the system.The essay consists of the following sections.The first section puts forward some problems below.With Jiangsu's medical dispute cases addressed by non-litigation increasing yearly,the system exposes the lack of rationality and authority and the bounding forces of the agreements are restricted.Comparing and analyzing the non-litigation settlement system of non-litigation medical dispute abroad,this essay holds the ground that some of its aspects are worth using for reference,such as setting mediation as a prepositive procedure in medical dispute,establishing professional institutions for evaluating medical damage,and improving the evaluation system and the constitution of the evaluation staff.The second section analyzes the evaluation system and specialist-counseling system in medical-dispute mediation,highlighting the importance of polishing up medical-damage evaluation system and the expert consulting system,and also proposes specific suggestions for improvement.The third section focuses on the problems in the procedures in mediation agreements,which analyzes and concludes people's mediation system in medical dispute doesn't totally equate to the contract tor credit and confirms they should follow the principle of settling disputes by parties and being coordinated by folk organizations.In the procedure of mediation,parties reach the agreements on dealing with their litigation rights and personal rights,including the agreements involving various rights of the person and rights of property.Also,the judicial confirmation process should be improved and the transmission system from mediation to litigation should be established.