The Reserach On Establishing Mediation And Arbitration System Of Medical Malpractice In Our Country

In the current social transition,the interests of all parties are very competitive.Specific to medical and health industry,medical dispute is frequent,it is a kind of many contradictions in modern society life,as a kind of special civil dispute,have its existence inevitability.The professionalism and complexity of medical treatment in medical disputes increases the professionalism and complexity of resolving medical disputes.The three major medical dispute settlement mechanisms,such as "consultation","mediation" and "litigation",can resolve most disputes,but each has its own shortcomings.As a way to settle the dispute,arbitration is not enough to solve the dispute mechanism.Whether to introduce the arbitration mechanism in the medical dispute settlement mechanism to solve medical disputes effectively is worth studying.This paper uses the methods of literature research and case analysis,comparative research,try in the existing laws and regulations within the framework mechanism,no additional costs legislation as far as possible,without an additional organizational structure,trying to provide a reference for how to establish the medical dispute arbitration mechanism.This paper is divided into four chapters: chapter one,the concept and characteristics of medical disputes.Starting from the concept of medical disputes,this paper expounds the basic theories and characteristics of medical disputes,points out the harm of current medical disputes and brings out the way of dispute resolution.The second chapter is the current situation and existing problems of China's medical dispute resolution mechanism.The advantages and disadvantagesof the three main mechanisms of consultation,mediation and litigation indicate the shortcomings of China's current medical dispute resolution mechanism,which leads to the arbitration mechanism.Chapter three discusses the arbitration of medical disputes.This paper discusses the feasibility of mediating the arbitration mechanism of medical disputes from the legal and legal aspects,as well as the foreign and domestic practice.The fourth chapter establishes the concrete conception of mediating the arbitration mechanism of medical dispute in Shanghai.On the basis of the analysis of previous chapters to discuss further in the perspective of existing laws and regulations frame mechanism,from the social foundation,human resources,organization setup,the specific procedures,consultation,appraisal system and other related system improving Suggestions to cooperate with each other,etc.