Research On The Legal Issues Of Medical Dispute Resolution Mechanism

With the smooth convening of the 19th National Congress of the Communist Party of China,people’s livelihood issues have become the top priority in national construction and development.The key step to solve these issues is to improve the level of medical and health care,so that the people’s right to health is guaranteed.In recent decades,China’s rapid economic development has also brought more social contradictions,the most important is the contradiction between doctors and patients.The number of medical disputes in China has been rising rapidly in recent years,according to the country’s latest statistics.The relationship between doctors and patients has been severely strained,and the medical institutions have been accused in court,and the phenomenon of medical trouble has emerged one after another.Both the medical institution and the patient,as the subject of the case,feel that they have suffered unfair treatment.Under the new situation,it is necessary to actively explore the effective settlement mechanism of medical dispute cases and build harmonious medical and health undertakings.With the increasingly fierce medical disputes,the awakening of the public’s legal consciousness and the increasingly clear demands for medical disputes,it is urgent to improve the establishment and innovation of relevant systems for the settlement of medical disputes.In recent years,several cases of large-scale mass violence incidents caused by medical disputes have constantly warned us.The settlement of medical disputes is related to the normal operation of a medical institution and the physical and mental health of a patient,and directly affects the grand goal of building a harmonious socialist society in China.Therefore,it is the mission of every legal person to properly deal with medical disputes.From the perspective of medical dispute resolution mechanism,this thesis analyzes the causes of medical disputes in China,summarizes the basic characteristics of medical dispute cases,and combs the origin and development of medical dispute resolution mechanism in China.On this basis,it focuses on the existing defects and legal difficulties of medical dispute resolution mechanism in China,It mainly includes the inconsistency of the proof ability between doctors and patients,the formalization of identification process,the lack of specialized medical legal personnel and medical judicial institutions,and the low efficiency of medical dispute litigation.At the same time,it draws lessons from the doctor’s liability insurance in Japan,the medical dispute arbitration system in the United States,the non litigation settlement mechanism and the universal insurance system in Germany,and combines with the defects and legal difficulties of the current medical dispute settlement mechanism in China,puts forward some suggestions,such as improving the identification method,removing the evidence obstacles,reforming the internal operation mechanism of the court,improving the legal system,and so on To establish and improve the medical liability insurance system and other practical value and operational suggestions.