The Research On The Government Governance Of "Medical Trouble" In China

In the 21 st century,the universality and diffuse of risk makes it a trend that the social general mobilization which across the class and region in our country.Especially when we became a high-risk country,sharp social contradictions of our country causes people to a new round of review and reflection.Under the background of sharp cause of social risk,frequent“medical trouble” such as damaging or killing doctor,and smashing the hospital is very serious,which gradually appearing professional,mafia-style,networking and any other features.“Medical trouble” has a negative impact on the society and the harmonious doctor-patient relationshipConsidering the strength and breadth of “medical trouble”,as the masters of public administration and master of public power,the government ought to resolve both manifestation and root cause of disease,and pay attention to the mechanism design,the construction of rule of law and rights protection channel so as to eliminate the soil of“medical trouble” and do a good job In the aspect of control.Based on these,the author treats the government governance as the foothold,uses social conflict theory and governance theory as the theoretical perspective,adhere to the principle of problem oriented,through train of thought of "what——why——how",start from the tense doctor-patient relationship in our country,and reveal present situation and the characteristics of “medical trouble” under the background of new period in China.Doing these is to lay a solid foundation to the analysis of the dilemmas of government governance.Then,through the governance theory as the guide,the author analyze four big dilemmas of government governance of “medical trouble”,namely,institutional defects,dispute resolution channel,the rule of law and fundamental strategy.In the institutional defects,public welfare of public hospital and problems in the medicine circulation are under discussed.In the Dispute resolution channel,administrative mediation,civil litigation and negotiation are the points.In addition,rights to guide channel is deeply discussed.The rule of law consists of three aspects: negative aspect of long period of"stability","the Law of Basic Medical And Health” has not yet been built and publicity and education in the rule of law is not strong enough.In the fundamental strategy,the author discuss mechanism or system such as social medical insurance system,medical accident appraisal mechanism,mechanism of medical liability insurance,medical risk sharingmechanism and the “medical trouble” emergency response mechanism.In view of the current running status,analyze their shortcomings.Otherwise,modes in other parts of the government governance has its unique feature,like America’s ADR,committee of experts and the arbitration commission in Germany,Taiwan’s third party organization consulting service and cohesion and matching conflict resolving mechanism In Hong Kong.The advantage and experience of theirs are worthy of our reference.Finally,according to the four dilemmas of government governance,the author put forward the corresponding suggestions so as to give some inspiration to improve the ability of government governance,and hit the illegal “medical trouble” in the social transformation period.