Research On The System Of Administrative Mediation Of Medical Disputes

Medical disputes happened in ancient times, but during the mid-1990s, the number of it increased sharply. After the marketization of medical enterprise in China, medical disputes increase year by year, which even evolve into extreme "medical trouble", such as abusing or assaulting the doctors, intercepting the doctors, setting up a mourning hall in the hospital or disturbing the normal order of hospitals, which seriously harm the interests of the other people, and the doctor-patient relationship becomes worse. And then patients dare not go to the hospitals, and doctors are afraid of their work. Some doctors even changed their jobs, and fewer and fewer people choose to study medicine. All these problems are extremely profound. In order to alleviate the patient conflicts, relevant departments have taken a number of measures but with little success.Research on the alternative dispute resolution of medical dispute started in 2002, Liu Yujie mentioned the usage of alternative dispute resolution mechanisms to resolve the growing number of medical disputes. Since then, the study of alternative dispute resolution mechanisms in health dispute became more and more popular. With the "medical trouble" incident hitting the newspapers more and more, and the trend developing more and more serious, scholars of different fields are paying more attention on this issue. Litigation settlement mechanism has its inherent shortcomings; therefore, the development of alternative dispute resolution mechanisms for resolving medical disputes has become the way which current domestic public and scholars are approving.Zhang Haibin considered non-litigation dispute resolution mechanism should include the following medical aspects:the establishment of similar mandatory medical arbitration of labor arbitration system; the development of diversified dispute resolution mechanisms, including the people’s mediation, administrative mediation and court mediation; encouraging patients to resolve the medical institutions by negotiations. Ke Yangyou thinks that non-litigation dispute resolution mechanism should include the following aspects:reconciliation between the parties; the introduction of administration mediation, including civil conciliation court attached mediation special committee of mediation and health authorities; introducing arbitration system aspects of the hearing system. As one of the mechanisms for administrative mediation to resolve some of the recent years due to its inherent flaws and shortcomings, has been marginalized in the trend, but its own to solve the medical dispute does have its advantages, as long as the solution to these defects and shortcomings, this mechanism will shine.