On The Improvement Of Administrative Mediation Of Medical Disputes In China

Frequent and intensified medical disputes have caused a huge impact on China’s medical cause.Improving the administrative mediation of medical disputes can effectively prevent and properly resolve medical disputes,reduce the "medical troubles" commonly faced by local medical institutions at all levels,and contribute to maintaining social harmony and promoting the stable development of medical and health undertakings.At present,there are three ways to deal with medical disputes in China: reconciliation,mediation and litigation.Although it is economical and convenient to deal with medical disputes by means of administrative mediation,due to the imperfection of administrative mediation of medical disputes in China,there are few medical disputes solved by administrative mediation in practice,while reconciliation,people’s mediation and litigation have their own disadvantages.The main reason for the intensification of medical disputes is that the way of dispute resolution is not smooth.As an important way to solve medical disputes,administrative mediation has great advantages over other methods of dispute resolution,which should be paid attention to and improved.This paper,from the perspective of administrative mediation mechanism,discusses the value of administrative mediation in medical disputes,finds out its existing shortcomings and gives feasible suggestions for improvement.The text is divided into three parts.The first part summarizes the general situation of administrative mediation of medical disputes in China.First,it introduces the concept and characteristics of administrative mediation in medical disputes.Second,it analyzes the background of the rise of administrative mediation in medical disputes based on China’s specific national conditions.Finally,it examines the settlement of medical disputes such as reconciliation,people’s mediation,and litigation according to the comparative law.The measures point out the unique advantages of administrative mediation in medical disputes in China.The second part analyzes the development status of China’s medical dispute administrative mediation and its existing deficiencies.It is divided into two parts to elaborate.The first part introduces the development status of China’s medical dispute administrative mediation,and points out that the legislation involves medical dispute administrative mediation.Most of the provisions are in principle and policy.Therefore,the administrative mediation of medical disputes fails to exert its expected effect in practice and tends to besuspended.The second part is from the scope of mediation,the mediation procedure,the effectiveness of the mediation agreement,mediation agencies and staffing,mediation assistance mechanisms and other aspects explore the issues that need to be solved in the administrative mediation of medical disputes.Based on the foregoing analysis,the third part proposes corresponding solutions to the improvement of the administrative mediation of medical disputes.Specifically,it includes suggestions such as clarifying the scope of application of administrative mediation for medical disputes,improving the procedures for administrative mediation of medical disputes,strengthening the effectiveness of administrative mediation agreements for medical disputes,improving the main body of administrative mediation for medical disputes,and improving the auxiliary mechanism for administrative mediation of medical disputes,With a view to benefiting the good operation of medical dispute administrative mediation.