Research On Medical Dispute Administrative Settlement Mechanism

Medical dispute is a hot topic in contemporary society, is related to national economy and people's livelihood, and related to society harmony even more. Because of specialism, complexity and particularity of the medical dispute field, the civil dispute is other different, and cannot pass solving with a method, more difficult to true justice and efficiency. Using administrative power to resolve a civil dispute was being already drawn quilt applying broadly approving now, its advantage lies in an administrative power getting involved in the legal action resolving a sum solve be compared with each other .Saving a dispute more cost solving, coming force more comparing with becoming reconciled, consulting. Therefore the article is aimed at the medical dispute particularity, originally mainly , resolve mechanism bringing forward medical dispute administration, the theory civil dispute administrative power in solving is got involved in readjusts oneself to a certain extent rationality and reasonable and legitimate resolving middle , setting forth this mechanism further in medical dispute's. And the explanation by the theory solving to medical dispute administration, the concrete way solving bringing forward medical dispute administration, introduce that and analyses by resolving way's to now available medical dispute of our country administration, the defect explaining our country system resolving a field in medical dispute administration, the idea then, resolving machine-made building-up and perfecting put forward to our country medical dispute administration.This paper can be divided into four sections:Part I: Machine-made discrimination medical dispute is resolved. The boundary resolving mechanism's mainly including conceptual expounding of medical dispute and medical dispute fixes two aspects. And conceptual expounding of medical dispute among them explains that what is medical dispute mainly, what difference it and the dispute have, will often look at and appraise an alias first, second in general semanteme, characteristic explaining medical dispute's here by the contrast with dispute, making clear that giving medical dispute used by the main body of a book out defines. The machine-made boundary medical dispute is resolved has decided main explanation medical dispute resolving machine-made basal principle, but has been mechanism's turn not various the simplicity resolving way's adds together , is various resolve way coactions process and way. The country and region medical dispute resolves the sum resolving mechanism here to our country medical dispute other mechanism go along is brief introduce that, explain that solutions among them draw only basically system, the person operates mechanism will give a detailed explanation in later development.Part II: Administration rationality of resolving mechanism analyses medical dispute. Include two parts mainly: One is the civil dispute administration reasonable and legitimate of solving, it's two is medical dispute resolve the process middle administrative power that gets involved in. The theory resolving mechanism's mainly to medical dispute administration describes this part , hopes expounding passing the theory resolving a civil dispute to "tripartite" political system principle , the administrative organ , explains that medical dispute gives reasonable and legitimate and rationality solving by the administrative means. The treatment getting involved in medical dispute has the hygiene administrative organ other incomparable advantage of main body, now that the person having special field advantage, have the authority that the function manages, whose cost is lower at the same time , beneficial result is higher , initiative flexibility is stronger, the substantiality easy to reach case is impartial. More important being, it still belongs to the judicial review frame within, have bigger effect space and value as a result.Part III: Mechanism our country medical dispute administration is resolved. Contain two headquarter share mainly, one is our country medical dispute administration resolve machine-made current situation, two is the hiatus that whose system designs. At present, legal medical dispute of our country administration resolve way only having two kinds, administration mediation and administration handle, system is designed there being no administration adjudication and administration arbitration system urgently after perfect, is have no effective mechanism of coactions. In health and medical community administration in relating to the medical dispute field, what it had had range under command administration is resolved is narrow , have no way to contain all types medical dispute completely only in dispute, this leads to external medical dispute of dispute directly have no way to solve by the fact that the administrative means has an effect additionally, more, have no way to carry out necessary treatment on external responsibility of dispute people and oversee. The legal rules resolving way and operating the pattern and the relevance does not still perfect the administration designing now available aspect our country medical dispute in system , administration mediates , administration judges the main body of a book by going, administration arbitrates enumeration there exists the problem by system middle , explain our country medical dispute administration resolving the system defect, and in the defects analyzing every kind of medical dispute administration when resolving way , explaining the person. Part IV: Machine-made improving and perfecting medical dispute administration is resolved. Improving and perfecting and the inside resolving mechanism's integrate this main part explanation our country medical dispute administration. On the basis summing up the first several parts, resolve machine-made deficiency according to our country medical dispute, structure builds up the administration that our national condition suitable needs resolving method, integrate the person and becoming a set of systematic medical dispute administration resolving mechanism on basis resolving way in perfect various medical dispute administration. Should make administration mediation, administration arbitration, administration judge that three kinds way form system, are linking up and complementation on realization procedure on every perfect aspect basis resolving mechanism in medical dispute administration. In the administration arbitration and administration adjudication same put the principle mediating into effect, not being convinced shifting to contentious procedure again to the arbitration and adjudication. They ought to form the relation mutually independent but getting in touch with mutually with legal action at the same time , handle or resolve by legal action a dispute to be independent mutually being that the finger is various after the relation going forward one by one , dispute resolving nonexistent mandatory of way happen , the interested party can select and use administration directly according to the wish; Connection is that each other link up mutually refer to administration treatment and legal action , intimateness reserving a judiciary handling result to administration examines right, to keep watch and correct the administration breaking the law to handle result. Such not only can save social resources, can restrict the administrative power abusing.To sum up, each aspect resolving mechanism in medical malpractice administration perfects the queen, ought to let administration mediation, administration arbitration, administration judge that three kinds way form system, linking up and complementation on realization procedure. Arrive at reality concretely, be that administration mediates first, mediation is not to be able to shift to the administration arbitration or administration judges that. Each aspect resolving mechanism in medical malpractice administration perfects the queen, ought to let administration mediation, administration arbitration, administration judge that three kinds way form system, linking up and complementation on realization procedure. Administration arbitrates and administration judges middle same put the principle mediating into effect , refuse to obey do not including shifting to contentious procedure , laws and statutes again, have regulation in addition to the arbitration and adjudication. They ought to form the relation mutually independent but getting in touch with mutually with legal action at the same time , handle or resolve by legal action a dispute to be independent mutually being that the finger is various after the relation going forward one by one, dispute resolving nonexistent mandatory of way happen, the interested party can select and use administration directly according to the wish; Connection is that each other link up mutually refer to administration treatment and legal action , intimateness reserving a judiciary handling result to administration examines right, to keep watch and correct the administration breaking the law to handle result. Such both can save social resources, and can restrict administration handling right's breaking the law abusing.