The Study On The Way To Deal With The Medical Dispute Under The Legal System

The study of The Medical Disputes, involved lawful issue deeply and profoundly, are the hot debate and in many schools in the field of hygiene-law, which the key notes are:(1) the relationship between the doctor and patient, that are still ambiguous and we dont know which part of the school to run; (2),the way of settling on the disputes, whether it was dealt with by the doctor or by the patient, or out of the court;which is the way of settling the dispute whether it was dealth with by the doctor or patient. (3),the framework, which on the administration, judicature and negotiation, is still building up, that is because the institution is under way to lawfully set up and it has not been formed into a theory or system and is disconnected from theory and reality.Therefore, the system of the dispute-dealing, given by the reality and the others, was positioned in hygiene-law and finger out way by the institution and law.The paper, following the principles of law, studied the comparison between disputes resolved between china and other countries; analysis the cases of the involved magazines, newspapers, presses and internet ( from September of 2002 to September of 2006 ); collected the information and data from nine cities of Jilin Province ( from September of 2002 to September of 2006 );polled 7 medical hospitals, 1090 medical workers and 330 patients; presented with the strategy and suggestion by the positive analysis and statistics. 1. Outline. The paper analyzed the situations, features, and development and showed the standing points and ways to reform how to resolve disputes.2. Results. The collection of cases reflect reality, such as: the quantity of medical accidents and degree in various cities and department in differnce hospitals and the location of cities and the reasons for the disputes and the category of hospital and way to sue.3. Factors. The paper showed the problems from law and institution.(1).The regulation havent been no case law , which have not way to deal with unacceptable require that patient put forward. Especially, its judgment is the pan-administration and its compensation for the accident is so high.(2).The law havent been institutionalized. Such as: reporting regulation, the dispute-to-be-guard regulation. It leads to administrators unable to systematically deal with problem.(3).The paper analyzed such items as: the relationship between patient and doctor, the manner in which the doctor behaves and the impact of the press and medical insurance companies.4. Suggestions.(1). It should propose the best way to resolve disputes in a lawful manner.(2). It strengthens the administration;(3). It should set up the guard system for the disputes;(4). It should strengthen the harmonious relationship between doctor and patient;(5). It should introduce the ADR system based on experiences abroad.Above all, the paper has put forward the best way to resolve disputes for the government in the absence of case law in this field.