The Present Situation Of Medical Dispute Appraisal Analysis And Countermeasure Research

In recent years, along with the economic and social development and the improvement of people’s living standard, social public health consciousness and the legal idea unceasingly strengthens, people’s requirements is more and more high to medical service quality and medical behavior examination degree. In addition, the doctor-patient relationship keep tension and constantly upgrade, which is influenced by the doctor-patient communication, ethics, social credit, public opinion guidance, etc. The medical dispute has become a hot topic of the society and unstable factors in the process of constructing harmonious society. The medical dispute appraisal including medical accident technical appraisal and medical dispute judicial appraisal, as a medical dispute mediation processing of a kind of technical means, has played an important role in solving medical disputes, alleviate doctor-patient contradiction, maintenance doctor-patient both legal rights and interests, and promote social fairness and justice, and gradually formed the medical, law, social sciences combination of cross subject, both theoretical value and practical significance.In this paper, in-depth analysis of the medical accident technical appraisal and medical dispute judicial appraisal, elaborate its development stage inevitability, as well as the important impact of doctor-patient, the health, the public and judicial fairness. Medical accident technical appraisal after decades of development, especially the medical accident treatment regulations of the implementation of the10years, and has initially formed a relatively mature appraisal system, and has accumulated a lot of effective medical dispute appraisal work experience. Most of the case through the medical accident technical appraisal has been solved successfully. The appraisal conclusions get the judicial institution, public health administrative department, medical institutions and social public widely recognized. The medical dispute judicial appraisal from the form to the content, compared with medical accident technical appraisal, is more in line with the need to judicial work. Especially in2005, the judicial appraisal system reformed rapidly after the National People’s Congress (NPC) released the decision on the management of judicial authentication. A large number of social judicial authentication institutions arise at that moment. All judicial authentication institutions developed rapidly over the past few years, which solved the practical problems of litigation and promoted the law subject theory to extend. It played a positive role in order to speed up the process of our country’s legislation and promote judicial justice. But, our country "dualization" medical appraisal system still has some limitations in need of developing continuously and improving. Medical accident technical appraisal is lacking in the appraisal main body, identification documents, appraisal institutions neutrality. Medical dispute judicial appraisal is lacking in long appraisal, appraisal personnel composition, appraisal organization ability.In this paper, the author analyses thoroughly the advantages and disadvantages of medical accident technical appraisal and medical dispute judicial appraisal. Refer to foreign judicial authentication work experience. Put forward the future of Chinese medical dispute appraisal system and the idea of improvement measures in perfecting policy laws and regulations, perfecting the existing evaluation mode, exploring to establish the new system mechanism, strengthening propaganda and education, strengthen the appraisal personnel ability and improve the appraiser screening and evaluation system, etc.