The Further Perfection Of China Medical Dispute On Non-suit Mechanism

Currently,the solution of medical dispute is facing a bottleneck. On the onehand,the doctor-patient relationship continues to deteriorate and the conflicts escalatea lot, reflecting the medical disputes become worse. On the other hand,the settlementmechanism of medical disputes has inherent shortcomings and deficiencies,which didnot play the role to ease the conflict and settle disputes.Alternative dispute resolution has become the important way advocated andrespected among theory and practice in recent years. However, there are only twonon-suit approaches on settling medical disputes in the law in our country:consultation and administrative mediation. And the two methods are facing their owndifficulties: negotiation is not standard and administrative mediation will be graduallysidelined. This paper analyzes the current situation and existing problems of China’smedical dispute non-suit settlement ways, and points out the bottleneck of itsimplementation and puts forward the corresponding complete suggestions.In addition,combined with the current beneficial exploration being carried out in resolvingmedical disputes across the country, such as the establishment of a neutral third partymediation mechanism，Establishment of arbitration organization that is independentfrom the administrative organ，carrying out the medical liability insurance, improvingthe medical identification system and so on. Propose that our country shouldimplement the “negotiation standardized, systematic mediation, arbitration encouraged,compulsory medical liability insurance, unified medical identification system”. This isfive-in-one macro ideas, aiming to build the medical dispute settlement mechanism, inaccordance with the China’s national conditions and the current situation.