The Third Party Mediation Mechanism In Developed Countries To Our Enlightenment

In recent years,all kinds of medical disputes increase gradually,injury medical staff of vicious violence occur frequently,such violence a "blowout" erupted,despite repeated prohibitions,seriously disrupting the order of normal diagnosis and treatment of medical institutions,hinder the healthy development of medical and health undertakings.In this paper through the study of the domestic medical disputes of social reasons,medical disputes around the third party solution model,the foreign disputes solving model put forward feasible suggestions to perfect the third party mediation mechanism for medical disputes in our country.This paper is divided into four parts:The first part is the current situation of medical dispute resolution mechanism.This paper introduces the concept and causes of medical disputes,and makes an analysis of the traditional medical disputes.China is in the social transition period,the medical contradiction is more prominent,unbalanced distribution of medical resources and development,medical institutions for the pursuit of economic benefits,medical work itself high risk,awareness of patients' rights enhancement is an important factor which led to the outbreak of medical conflicts.Settlement,administrative mediation and litigation in the traditional way of medical dispute resolution in china.Due to the lack of buffer layer,easy to lead to the escalation of conflict,the neutrality of administrative mediation is questioned,the high cost of litigation time,and no effective mitigation of the doctor-patient conflicts.The second part is the development of the third party mediation mechanism of medical dispute in our country.The Shanghai,Beijing,Tianjin,Shanxi mode and characteristics of,Shanghai adopted the mode of medical dispute mediation committee Beijing was using insurance company designated mediation center,Tianjin adopted the model of arbitration committee,Shanxi through legislation introduced the third party mediation.Third party mediation mechanism in China has made some achievements,but there are still problems adjusting mechanism neutrality is insufficient,professional talent shortage,insufficient funds to guarantee the legal status of the third party mediation mechanism is not clear,the third partyThe third part is the third party solution mechanism of medical dispute in developed countries.American medical disputes Committee mode and German medical accident expert committee mode,Japan's physician practice liability insurance model,Singapore Medical Dispute Mediation Center,review characteristics of various modes were introduced in this paper.The fourth part is the Enlightenment of non litigation mediation mechanism in developed countries to china.Through the advanced system and mature experience of the developed countries for reference,combined with the fact of our country,put forward the perfect suggestions.At last,the author draws the conclusion: China should legitimacy and independence of the medical dispute mediation mechanism of security,specialized medical dispute mediator system construction,deal with third party mediation and litigation cohesion,actively promote medical liability insurance system,promote third-party mediation mechanism specialization,standardization development.