Research On The Mechanism Of Medical Dispute Arbitration

With the development of social life,people’s awareness of health is strengthened,medical behaviors are constantly increasing,and the probability of medical disputes is also on the rise.Therefore,it will hinder the stability of social order and the development of human civilization.In view of the current situation,in the regulations on the treatment of medical malpractice promulgated in 2002,China has stipulated several ways to solve medical disputes,such as administrative mediation,reconciliation and litigation,but these ways are unable to follow the changes in the degree of the intensification of doctor-patient conflicts.According to the results of practice,there are some problems and drawbacks in the above three kinds of measures.In practice,they show unsatisfactory results in the settlement of medical disputes.Therefore,under the influence of the current social situation,there is an urgent need for a new solution that can replace the existing three measures,so the emergence and existence of the new approach is extremely important and crucial,which aims to effectively promote the steady progress of the medical cause and ease the doctor-patient relationship.Arbitration as one of the ways to solve disputes,its charm lies in its professionalism,economy,speed and independence,which is incomparable to litigation and administrative mediation,and is being widely used in civil and commercial disputes by more and more countries.Arbitration system as a civil dispute resolution mechanism in parallel with civil litigation system highlights its unique advantages.It is of great practical significance to use fair,fast and economical arbitration system to solve medical disputes,ease doctor-patient conflicts and restore medical order.This paper first summarizes the concept and characteristics of the mechanism of medical dispute arbitration,and through the analysis of the existing ways of medical dispute resolution,so as to show the superiority of arbitration to solve medical disputes.Secondly,it analyzes the exploration on the mechanism of medical dispute arbitration at home and abroad,so as to understand the specific development of this mechanism.By means of comparative law,this paper lists the ways of applying the non-litigation mechanism in the field of medical disputes at home and abroad,and reveals their innovations.Then analyze and compare the characteristics of these means and draw lessons from them.Then,starting from the current situation in China,this paper points out the difficulties we are facing,discusses the legal basis,feasibility and necessity of using non-litigation mechanism to deal with medical disputes,and finally puts forward some Suggestions on constructing the arbitration mechanism of medical disputes in China,namely: legislation to determine the arbitrability of medical disputes;To establish arbitration and settlement institutions for medical disputes;To establish a team of high-quality arbitrators for medical disputes;Establishing arbitration rules suitable for medical disputes;We will strengthen oversight over arbitration of medical disputes.