Countermeasure Analysis On Perfecting Medical Dispute Settlement Mechanism In China

With rapid acceleration of urbanization and the vigorous promotion of health care reform,the intensely increasing of the number of medical malpractice has become one of the hot topicsand focus of society. Settlement mechanisms are not well adapted to the needs of medical disputeresolution does not meet the needs of social development of a diversified patient relationshipbased on the current status of the growing tension, as well as existing medical disputes. Facedwith intensified medical malpractice, exploration and innovation settlement mechanism isparticularly important. In order to resolve the contradiction between doctors and patients,effective solution to medical malpractice, the paper intends to dispute settlement mechanism ofthe medical problems were studied, in the study of medical malpractice and medical practices onthe basis of the characteristics, analyzes the pros and cons of the current settlement mechanism,compared to mature national solutions, discuss the basic principles of resolving medical disputes,in order to further improve China’s medical dispute resolution mechanism to better resolvemedical disputes, truly efficient resolve medical disputes, maintaining social order andpromoting the development of medicine.Doctor-patient conflicts are not unique to China, there are many examples in many Europeand other countries, but they are mainly through a variety of mechanisms to solve. Non-litigationsettlement mechanism of these mechanisms, in addition to traditional litigation, were morewidely used. In China, there is no doctor-patient conflict resolution mechanism system, no soundproblem, so that the doctor-patient relationship is more tense and contradiction between doctorsand patients is more acute. Therefore, comprehensive study of medical dispute resolutionmechanism is not only the oretical significance but more strong practical significance. This canfully save social resources, maintain social order and promote the development of medicine andcreate a harmonious doctor-patient relationship, thus promote the purpose of the establishment ofa socialist harmonious society.Besides the introduction and conclusion, the text is divided into four chapters. The firstchapter is medical malpractice and medical dispute resolution mechanism outlined. This chaptercombines the basic theory, the cornerstone of medical dispute resolution mechanism-medicalmalpractice start to carry out a progressive level analysis, and thus leads to the theoreticalanalysis of medical dispute resolution mechanism, but also to explore the full text to lay atheoretical basis. The second chapter of our current medical dispute resolution mechanismassessment, a detailed analysis of the basic principles of medical disputes resolved and to be followed by negotiations, litigation, administrative mediation respective advantages anddisadvantages of the three existing pathways. The third chapter analyzes typical national andregional medical dispute resolution mechanism. Mature countries, while in the medical disputeresolution in the approach taken is different, but no matter what type of mechanism, hassomething in common, that is, no country is entirely dependent on the litigation or a certain kindof way, on the contrary they are is to take a variety of methods of dispute resolution mechanismsexist, so as to medical disputes high efficiency, strong effect of settling disputes increases thepossibility and feasibility. Learn from the United States, Germany, Japan, Taiwan, the rationalpart of the practice, our medical dispute resolution mechanism for the development andimprovement is helpful. Chapter IV presents the Perfection of medical dispute resolutionmechanism various measures, such as the establishment of medical injury insurance, litigationand non-litigation dispute resolution mechanism complementary to establish a sound system ofmultiple mediation, conciliation administrative reform to improve the relevant laws andregulations, improve litigation to resolve mechanisms, with a view of the application of medicaldispute resolution mechanisms to help. Which really established in line with China’s nationalconditions, effective medical dispute resolution mechanism.