Research On The Administrative Mediation System Of Medical Disputes In My Country

During the period of social transformation,the social conflicts and disputes in China are complex and frequent,it is more serious in the field of medical disputes.In recent years,because of patients' dissatisfaction with the diagnosis and treatment activities,the incidents of killing and injuring doctors often appear in the newspapers.Different from the general disputes,due to the special constitution of patients and the professionalism of medicine,the doctor-patient disputes also present a trend of complexity and high incidence.Different from the general disputes,due to the special constitution of patients and the professionalism of medicine,the doctor-patient disputes also present the trend of complexity and frequency.How to reduce the Doctor-patient Conflict and ensure the healthy development of the doctor-patient relationship has become the focus of attention.In fact,the conflict between doctors and patients is more suitable to be solved by non litigation.Among them,administrative mediation is an important means to resolve this dispute,and it is also an indispensable part of the construction of "Grand Mediation" pattern in China.The administrative mediation system of medical disputes has the incomparable professional advantages compared with other systems,which can mobilize professional resources into mediation as much as possible.The way of mediation is flexible and convenient,does not stick to a fixed form,has a certain degree of autonomy,and has the advantages of convenience and efficiency.Administrative mediation can alleviate the current situation of "litigation explosion" in China,reduce the work pressure of judicial organs,and guide the two parties to communicate and negotiate in a non antagonistic way to resolve contradictions,which is conducive to building a harmonious and friendly social relationship.However,China's current administrative mediation system of medical disputes has not yet entered a mature stage,there are still some practical problems to be overcome,and it has not really played an important role in resolving medical disputes.Therefore,on the basis of studying the current administrative mediation system of medical disputes in China,this paper expounds the advantages of the administrative mediation system and the problems in the implementation process,and then summarizes the development direction of the administrative mediation system of medical disputes in China and the measures to be taken to improve the administrative mediation system.This paper is divided into four parts:The first part is an overview of the administrative mediation system of medical disputes.First of all,we should explain the concept of administrative mediation,the nature of administrative mediation,and the function of administrative mediation system in social life;Secondly,it expounds the concept of the administrative mediation system of medical disputes,the advantages of the administrative mediation system of medical disputes and the operation mechanism of the system,and understands the connotation of the system by analyzing the theoretical content of the administrative mediation system of medical disputes.The second part is the basic principles of the administrative mediation system of medical disputes.It includes the principle of voluntary in substance,the principle of legality and rationality,the principle of efficiency in procedure and the principle of confidentiality.The third part puts forward the shortcomings of the current administrative mediation system of medical disputes,the imperfect laws and regulations,the problems in the setting of mediation subject,and the lack of specific procedural provisions.The fourth part puts forward specific measures to improve the current administrative mediation system of medical disputes in view of the problems faced by the current implementation of administrative mediation of medical disputes in China.The contents include expanding the scope of application of administrative mediation of medical disputes,clarifying the legal effect of administrative mediation agreement of medical disputes,optimizing the organizational structure of administrative mediation institutions of medical disputes,refining the procedural provisions of administrative mediation system of medical disputes,and establishing the connection mechanism between administrative mediation and civil litigation procedures.