The Docking Of Litigation And Mediation Mechanism In Medical Disputes

The special subject,complex content and asymmetric information of medical disputes lead to the vulnerable position of the patient.If they cannot effectively defend their rights,medical disturbances will occur from time to time,which will lead to social instability.Due to the limited judicial resources and the increasing number of cases,the limitations of litigation are becoming more and more obvious,and the judiciary has started to explore new dispute resolution methods,such as the docking of litigation and mediation mechanism,which is used in practice and has achieved good results in dispute resolution.In order to improve the docking of litigation and mediation mechanism in medical disputes in China,this paper starts from the relationship between doctors and patients,and dialectically analyzes the advantages and shortcomings of single reliance on mediation or litigation to solve medical disputes.The introduction of the docking of litigation and mediation mechanism to solve the medical disputes.The lawsuit,health administrative department mediation and people’s mediation committee of medical disputes mediation are connected with each other.This is useful to weaken the antagonistic relationship between the two sides of the conflict and reduce the pressure of the court trial.This paper analyze the current exploration of several regions in China,such as Beijing,Shanghai,Ningbo,Zhejiang Province,etc.,on the way to solve the doctor-patient disputes through mediation.There are the following problems,for example,the lack of the role of docking of litigation and mediation mechanism,the organization of procedural legislation lags behind,can not give full play to the role of the mediation system,pre-litigation mediation and court-entrusted mediation in litigation has not yet achieved the desired effect,judicial confirmation system is not perfect.This paper proposes to clarify the respective roles in the docking mechanism,improve the laws and regulations of the docking mechanism,clarify the scope of pre-litigation mediation and court-entrusted mediation in litigation,promote the professional development of the mediation team and improve the judicial confirmation system,etc.These suggestions are to solve the problem of medical disputes,promote social harmony and stability.