A Study On The People’s Mediation Mechanism Of Medical Disputes

Since 21 st century, our country has been continuously promoting the medical and health system reform. Naturally with the expanding service scale, the medical facilities and technologies have been greatly improved. However, with the further reform of the medical system, the public with strengthening legal right awareness has an increasing demand for medical technology and medical service; hence the medical profession has been endowed with more and more social responsibilities. Meanwhile, with the yearly increasing number of medical disputes as well as the overstressing from some media, the doctor-patient relation has become growingly tense in some places with the deepening doctor-patient conflicts and worsening medical disturbance incidents. As a consequence, it has seriously impacted the whole society and added many unstable factors to the current society, which also has become one of the hot issues and concerns for the public. The existent ways of resolution for medical disputes that include the party reconciliation, administrative mediation, civil litigation etc. couldn’t well mitigate the tense doctor-patient relation, yet leading to some malignant events being often reported. Thus these ways couldn’t effectively settle medical disputes. In order to reverse the tide, the people’s mediation mechanisms of medical disputes have been established one by one in many places so as to settle medical disputes. The people’s mediation mechanism of doctor-patient disputes established by Putuo District in Shanghai in 2006 has set the first example for the people’s mediation mechanism of medical disputes. After the Nanping medical disturbance incident in 2009, Fujian has accelerated the step for exploring and establishing the people’s mediation committee of medical disputes and has quickly spread through the whole province. Hui’an mediation committee of medical disputes has been actively exploring mediation ways after establishment and has gained initial effects.Based on fully studying the characteristics of current medical disputes in our country, this paper analyzes the advantages and disadvantages of such medical dispute resolutions as reconciliation, administrative mediation and litigation in order to present the features and existing problems of the people’s mediation mechanism of medical disputes. And the operation state for Hui’an mediation committee of medical disputes in the recent five years will be taken for instance so as to put forward suggestions about how to further perfect the people’s mediation mechanism of medical disputes. This study mainly contains the following contents except the introduction and conclusion:First, the main stages of medical dispute development and the main characteristics of current medical disputes will be illustrated; the advantages of reconciliation, administrative mediation and litigation over the people’s mediation will be also compared.Second, by means of main mediation modes of medical disputes together with their similarities and differences in our country, the features and existing problems of the people’s mediation mechanism of medical disputes will be presented.Third, grounded on the operation state for Hui’an mediation committee of medical disputes in the recent five years, the successful operation characteristics and problems in need of improvement will be advanced.Fourth, with reference to the mature practice in other countries and areas, on the basis of the operation from Hui’an mediation mechanism of medical disputes, suggestions are put forward in terms of precaution, execution and guarantee to perfect the people’s mediation mechanism of medical disputes.