Study On Third-party Conciliation Mechanism Of Medical Disputes In China

People pay more and more attention to the resolution of medical disputes with the improvement of China's medical level and the enhancement of citizens' consciousness of rights safeguarding.News of violence,injury,even murder about doctor are common occurrences in major media.The doctor-patients conflict stands on the top of the wave of public voice.How to alleviate the doctor-patients conflict and reasonably solve the medical dispute is particularly important.From the perspective of third-party conciliation in medical disputes,this paper tries to find a more effective way for the resolution of medical disputes by analyzing the current situation and existing problems of third-party conciliation in China.In addition to the introduction and conclusion,the thesis consists of four parts.The first part is about the third-party conciliation mechanism of medical dispute(hereafter referred to as this mechanism).By clarifying the notion of medical disputes,this paper analyzes the features of the specialty,inevitability and social influence of medical disputes,so as to grasp the new dynamics of medical disputes and lay a theoretical foundation for the resolution of medical disputes.This paper analyzes the notion of this mechanism,and compares it with the traditional ways of resolution of medical dispute,such as lawsuit and administrative mediation,so as to obtain the advantages of third-party conciliation in professional and neutral,high efficiency and low cost,as well as the positive significance of innovating approaches in medical dispute,easing doctor-patient relationship and maintaining social harmony and stability.The second part is the practice and problems of this mechanism.Through a systematic analysis of the exploration mode of third-party conciliation in medical disputes in five regions of Beijing,Shanghai,Tianjin,Nanjing and Ningbo,the beneficial experience of each region is summarized,and the common problems in each region are found out: the team of mediators is not professional enough,the funds of organization are not guaranteed,the existence of "dual" appraisal mode and the insufficient participation of medical liability insurance.The third part is the other countries' experience of this mechanism.By systematicallycomparing the mediating mode of medical dispute resolution committee in the United States,the mediating mode of medical accident expert committee in Germany,the mediating mode of medical professional liability insurance system in Japan and the mediating mode of medical arbitration court in South Korea,the author summarizes the advanced experience of various countries and finds that the medical liability insurance is very developed and the mediators have high professional ability and quality.The fourth part puts forward the suggestion of perfecting this mechanism in our country.By analyzing the exploration of third-party conciliation in medical disputes in various regions of China,combining with the existing problems of this mechanism in China,and comparing and drawing lessons from the experience of other countries,this paper puts forward suggestions in five aspects: strengthening the construction of mediators' team,improving the fund guarantee system of mediation institutions,improving and integrating medical appraisal methods,strengthening the cooperation with medical liability insurance,and intensifying the publicity.