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Study On The Third Party Mediation System Of Medical Disputes In China

Posted on:2021-05-31Degree:MasterType:Thesis
Country:ChinaCandidate:Y T ZhuFull Text:PDF
GTID:2506306293475244Subject:Master of law
Abstract/Summary:PDF Full Text Request
With the rapid development of economy in our country,to enhance the comprehensive national strength,also in improving medical level.However,due to Chinese large population,vast territory,uneven medical facilities and doctors’ technical level in economically developed and underdeveloped regions,and the lack of patients’ awareness of diseases,the doctor-patient relationship in some regions presents tension and confrontation,and medical disputes,medical trouble and medical injury incidents also occur.How to solve the dispute between doctors and patients and its influence is worth thinking and studying seriously.From the perspective of traditional medical dispute settlement,there are three main ways,one is reconciliation,the second is the health administrative department mediation,the third is to initiate litigation mediation,but these three ways have their own advantages and disadvantages.In recent years,China has explored the establishment of a third party mediation system to resolve medical disputes,and achieved good results in practice.But undeniably,the system also has some shortcomings,which are mainly reflected in the following aspects: the lack of neutrality of the mediation institution,the pending improvement of the linkage mechanism between the mediation system and the insurance system,and the fact that the third-party mediation is not known by the public.Based on this,the author will further study the third party mediation system of medical disputes in China,which is not only of certain theoretical significance,but also of strong practical significance.This research mainly from four aspects: the first part,from the perspective of the civil aviation general hospital violence killed basis,further analyze the medical disputes,medical disputes the concept and content of the third party mediation,accurate positioning the characteristics of medical disputes in our country the third party mediation and qualitative,in-depth analysis of medical disputes in our country the third party mediation special,objective evaluation the main solutions of medical disputes,and then discusses the third party mediation system to deal with the importance of medical disputes in our country.The second part mainly analyzes the problems and causes of the current third-party mediation system of medical disputes in China.Through the analysis and comparison of the mode and current situation of third-party mediation in medical disputes in different parts of China,some existing problems of third-party mediation in medical disputes in China are found out,and then the reasons behind these problems are deeply analyzed.Third part for the pattern of foreign third-party medical dispute mediation system carries on the analysis and evaluation,summarizing its helpful reference to the relevant regulations in China,such as the positive development of non-litigation solution of medical disputes,improve the relevant legislation,the conciliation personnel strong team of professional practice,worthy of our reference and study.The fourth part puts forward some Suggestions on the third party mediation system of medical disputes.First of all,the legal positioning of the third party mediation should be clarified to ensure the funding of mediation and the construction of talents in mediation organizations,so as to ensure the neutrality of mediation.Secondly,it is necessary to formulate operational standards,such as the basis of mediation,responsibility identification and compensation standards;Third,we should improve the supporting system,such as medical appraisal system.Finally,publicity should be done to improve the social awareness of third-party medical dispute mediation.In this way,the standardized operation of the third-party mediation system can effectively and professionally solve the current thorny medical disputes,which can not only promote the relaxation of doctor-patient relationship,but also enable the harmonious development of the society.
Keywords/Search Tags:medical dispute, third party mediation, doctor-patient relationship
PDF Full Text Request
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