Study Of Medical Tangle Arbitration System Build Feasibility In The Aspect Of Legislation

Objective: Because medical tangles increase year by year, doctor-patient contradictions become marked, disputes processing difficultiesbecome greater, patients claim amounts raise, it seriously hampers thehealthy development of medical industry. Our traditional lawsuit,consultation and administrative mediation this three kinds of disputeresolution model, and can’t meet the demand of dispute resolution. Thechongqing medical dispute disposal way "has made clear the legal positionof the people’s mediation system in the process of dispute resolution,mediation makes vigorous development. Both belong to the litigationsettlement mechanism of medical disputes arbitration system has highefficiency, convenience and economy, this study aims to build a reasonablemedical arbitration system, which combined with the current people’smediation system, complementary, and common development, to seek asuitable remedy mechanism of Chongqing’s specific medical tangles.Methods: this article uses the method of combining the practice andtheory, through the consult relevant papers and monographs, law, regulations, policies, legal interpretation, statistics and other research dataat home and abroad, analysis the limitations of current other reasonableremedy system. Consulting some related experts, the analysis of theexisting people’s mediation system in chongqing based on the feasibility ofconstructing the medical arbitration system, the design of related medicalarbitration system.Conclusion: by analyzing the traditional lawsuit, consultation andadministrative mediation, the limitations of the three kinds of system ofdispute resolution is high costs, long cycle; Negotiate a lack of formalregulation program; Administrative conciliation lack credibility. In recentyears, the new people’s mediation system has the characteristics of highefficiency and ease the doctor-patient contradiction of dispute resolution,but also because of the system is not yet mature, limited effectiveness ofsettlement agreement has some limitations. This article separately discussesthe medical dispute arbitration principle, scope of the arbitration, thearbitration agreement, the arbitrator selected, problems such as theformation of the arbitration tribunal, provide theoretical reference for theconstruction of arbitration system. Analysis at the same time the city afterthe people’s mediation system to find medical dispute arbitration system inspace, design Shared expert database, the arbitral award confirmationprocedures, including conciliation agreement validity, discusses how toimprove the mediation system of arbitration system with credibility, fairness and sustainable development, and supporting measures for thedevelopment of arbitration mediation system and the results of security,makes every effort to make people’s mediation system and the combinationof arbitration system, common development, set up a perfect conforms tochongqing specific mechanism of dispute resolution in medical disputes.