Initial Construction Of Medical Disputes Arbitration Proceedings In Our Country

China in recent years medical malpractice is a very prominent social issues, onhow to regulate the handling, ease patient conflicts, became an important issue. Atpresent, China’s medical dispute resolution measures are mainly two sides negotiatedamong themselves, and to the administrative authority for mediation to the courts.Negotiations between the two sides is easy to cause the relevant person or body toevade legal responsibility should be borne by the mediation of the executive isdifficult to gain the trust of the people, and the high cost of litigation, a long time tomake our health care and other issues of the dispute before the world became aproblem. Despite the introduction of the medical field as an arbitration disputeresolution methods are still some controversy, including whether medical malpracticeand the need to arbitrate arbitrability of the other issues, but there are still some placesat the start of the few references to arbitration to try this efficient, economical, andconvenient The way to resolve medical disputes, such as Ganzhou in Jiangxi, Tianjin,Shenzhen and other places, has made some practical effect, but also has a good socialvalues and meaning, but still there are some problems, such as the scope of acceptingcases confined to the municipal districts, for lack of a final ruling of the arbitrationagreement difficult to reach relief and so on. And our medical dispute arbitration is noclear national legislation, so each place of arbitration is still at an early stage ofexploration, the lack of a unified arbitration mode, program settings, and arbitrationfor relief, but also a lack of unified supervision requirements This resulted in anarbitration dispute resolution mechanism for resolving medical disputes have not yetbeen universally applicable, has not played arbitration itself neutral, impartial andefficient advantages, affecting the development of China’s medical dispute arbitrationmechanism in China. In order to make the growing of medical malpractice to get abetter solution to ease the sharp conflicts between doctors and patients, and earnestlysafeguard the legitimate rights and interests between doctors and patients, to reduceinstability in the society, making full use of the current arbitration have good UnderResources, summarizes current practices and lack of local medical dispute arbitration,while drawing on the experience and advantages of the United States, Japan, Germanyand Taiwan, China medical dispute arbitration, from our Reality, in line with China’snational conditions proposed to build medical dispute resolution mechanism arbitration procedure envisaged.This paper will combine theory and practice, access to a lot of books, papers, lawand related statistical data and other information, through our three medical disputeresolution and legal analysis of the current limitations of the current medicalmalpractice arbitration exists proposed The arbitration will be efficient, economicaland convenient way to introduce medical malpractice dispute settlement areas.Construction of China’s current medical disputes concerning arbitration procedures,views in this paper are as follows: For a set of medical dispute arbitration procedures,adhere to the principle of rational use of existing resources, arbitration, associatedwith medical liability insurance principles, the principles of mediation and limitedautonomy pre-Principles; specific design of medical disputes concerning arbitrationprogram flow, including four medical malpractice awards start arbitration proceedings,the arbitral tribunal composed of problems during the arbitration and arbitration;addition, in order to ensure that medical malpractice arbitration proceedings a goodrun, the paper also strengthen judicial supervision from the medical dispute arbitrationand human resource management are two aspects of the protection of the arbitrationproceedings, with a view of our current tense doctor-patient conflicts, growingmedical malpractice benefit, promote our health cause of health, good development.