On The Pre-procedure Of Administrative Mediation For Medical Disputes In China

Since the Reform and Opening-up,China’s medical career has made great progress.With the widespread popularization of legal knowledge,Chinese people hope to cure the disease,they also enhance their awareness of the rights of medical safety at the same time.The conditions for doctor-patient disputes are often multi-faceted.Issues such as medical institution service attitudes,medical expenses,and medical accidents can all be the cause of doctor-patient cases.The frequent occurrence of doctor-patient cases will not only damage the legitimate rights and interests of both parties,but also regulate the pressure on limited judicial resources.More serious vicious incidents lead to bad public opinion and seriously affect the harmonious development of society.Administrative mediation system has unparalleled advantages in other dispute resolution methods.The administrative mediation has always been regarded as one of the important means to solve the disputes between doctors and patients.It has contributed a lot to the legitimate rights and interests of both doctors and patients,it also resolve disputes and to alleviate the pressure on the courts to a certain extent.In recent years,China has successively issued a number of policy documents on resolving diversified disputes,and is actively exploring the construction of mediation administrative mediation pre-procedures.Due to the current national conditions of insufficient legislation in China,the administrative mediation pre-procedures for doctor-patient disputes have not played their real role in the medical community.In order to solve this problem,the author tries to explore the issue of the administrative mediation pre-procedure of doctor-patient disputes.This paper firstly determines the related concepts involved in the administrative mediation pre-procedure of medical disputes.On this basis,it analyzes the realistic possibility of pre-program construction and the necessity of constructing pre-procedures for the unsolved potential problems that may exist in doctor-patient cases in China.The author compares the mediation pre-systems of the United States,Germany,South Korea,and Chinese Taiwan,then sums up the valuable experience for reference.Finally,combined with national conditions and legal system in China,the author discusses the procedures and makes reasonable considerations and suggestions for the construction of the administrative mediation pre-procedures for doctor-patient disputes.