An Empirical Study On Medical Dispute

Period of medical treatment system is to point to the time limit that because enterprise worker is sick or blame is injured at work,stop working cure a disease to rest cannot remove labor contract,basically include the content such as pay of period of period of sick leave management,medical treatment,medical treatment.This system is of great significance for protecting workers’ health and right to work,reducing the pressure of employing units,promoting the healthy growth of companies,constructing harmonious labor relations and maintaining social stability.In recent years,labor disputes caused by medical treatment period are becoming more and more common.In practice,the discharge or termination of labor relations after the expiration of medical treatment is not as simple as the law provides.During the period of medical treatment,it is often interwoven with salary,medical subsidies and other issues,leading to contradictions in the relationship between enterprises and employees.At present,various relevant laws and regulations are relatively scattered,which makes employees and enterprises misunderstand the concept of medical treatment period,resulting in many unnecessary disputes and disputes.The present study,whether it is guided by the experience,on the basis of a single case,or with an emphasis on theory,lack of the analysis of actual controversy,therefore,in this paper,with the ideal of the empirical analysis based on empirical analysis about the cases of medical treatment in the civil trial practice,strive to find frequent disputes of medical treatment from the case,discuss the problems reflected,It provides reference for the relevant practice research on medical dispute cases.This paper retrievals Chinese judicial documents from 2011 to 2021 for statistical analysis and discussion.Through the study of these cases,the author found that the majority of medical dispute cases were related to unclear medical period calculation,long-term sick leave,the increase of labor disputes related to medical period and so on.The results mainly include: determination of the period of medical treatment;Payment of wages during medical treatment;Resume the labor relationship and continue the labor contract;Compensation for illegal termination of labor contracts,etc.The reasons are as follows:confusing the medical period with the sick leave;Inaccurate calculation of medical treatment period;The enterprise internal lack of medical treatment period system management process;After medical treatment expires,remove or terminate labor contract does not accord with legal provisions.In addition,there are local differences in the understanding and application of relevant legal provisions during medical treatment,and there are also different judgment standards in judicial practice.The introduction part introduces the background and significance of the research,summarizes the sorted literature,introduces the content and methods of the research,the main innovation points and shortcomings.The first chapter is based on the empirical analysis of the judgment documents,from the time distribution,geographical distribution,trial procedures and other aspects of the statistical analysis of the case,focusing on typical cases,to find out the disputes of medical dispute cases.The second chapter is about the legal nature of medical treatment period and sick leave.This section analyzes in detail the causes of confusion between medical period and sick leave.The distinction between sick leave and medical treatment period is two different concepts,which shows that there are both interrelated and independent relations between the two,and provides reference for people in practice on how to use sick leave and medical treatment period,and lays the foundation for the next chapter.The third chapter based on the first and second chapters to find out the typical problems in medical dispute cases.Starting with typical cases in judicial practice,the author summarizes the existing problems from four aspects.The fourth chapter,according to the problems in the third chapter,puts forward relevant discussions and countermeasures to reflect the problems,and puts forward some suggestions from the perspective of the improvement of the legal system of medical treatment period and the application of law.