Research On The People’s Mediation System Of Medical Disputes

With the acceleration of the social process,people’s demand for medical care is increasing and continuously improving,and the frequent occurrence of medical disputes and the tension of doctor-patient relations have a negative impact on the harmony and stability of the whole society.In recent years,the frequent occurrence of medical disputes has aroused great concern and in-depth discussion from all walks of life.According to news reports,in August 2014,a patient’s family forced the doctor to kneel on the corpse in the morgue,and after being blocked by the hospital staff,the family violent injured doctor and smashed emergency department office.In May 2016,the patient was rejected by the hospital for compensation,and the Director of the Department of Oral and Maxillofacial Surgery,Guangdong Provincial People’s Hospital,was cut with more than 30 knives.Since 2010,there have been about 300 cases of violent injuries to medical staff in our country.In order to promote the proper handling of doctorpatient disputes,alleviate the tense and fragile relationship between doctors and patients,and give full play to the role of the diversified resolution mechanism for medical disputes,China launched the people’s mediation system to resolve medical disputes in 2010.Practice has proved that the use of the people’s mediation system to resolve medical disputes is conducive to improving the tense doctor-patient relationship,and gets positive feedback in practice.However,there are still a series of difficulties in the people’s mediation system for medical disputes,such as insufficient financial guarantee,urgent need to improve the professionalism of mediators,The medical liability insurance system has not been widely promoted and so on,which have become constraints to the normal operation of the people’s mediation system for medical disputes.After years of practical development,the system needs to be standardized and improved from the aspects of legislative supply,program design,supporting rules and so on,in order to better play the institutional value of people’s mediation of medical disputes.The first part of this paper provides a theoretical overview of the people’s mediation system for medical disputes,and identifies the connotation of medical disputes and the content and nature of the people’s mediation system,and then expounded five characteristics of the system.The institutional advantages of people’s mediation of medical disputes are derived from the comparison with self-settlement,administrative mediation and judicial litigation.Second,through the analysis of the typical model of medical disputes people’s mediation system,the author summarizes the current dilemma of China’s people’s mediation system for medical disputes.The third part analyzes and draws on the experience of medical dispute resolution mechanisms in the three countries outside the region,namely the United States,Germany and Japan.Finally,the improvement path of my country’s medical disputes people’s mediation system is proposed,respectively,in improving institutional neutrality,construction professional mediating talents,improving fundamental guarantee,perfecting and promoting medical liability insurance systems,etc.