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Application And Improvement Of The People’s Mediation System For Medical Disputes

Posted on:2024-03-12Degree:MasterType:Thesis
Country:ChinaCandidate:M F WangFull Text:PDF
GTID:2556307115955439Subject:Law
Abstract/Summary:PDF Full Text Request
Pursuing diversified value concepts such as fairness,efficiency,and non confrontation,and establishing a fair and effective diversified dispute resolution mechanism have become a common consensus and development trend in modern countries.In the field of medical disputes,in the face of the trend of diversification of main body interest demands and complexity of rights relief,based on the era background of exploring a diversified mechanism for resolving medical disputes,the people’s mediation system that takes into account fairness and efficiency has played a positive legal value and social utility in achieving the goal of settling disputes,protecting the legal rights of clients,and maintaining medical order.During the period of transformation and reform of the people’s mediation system,the deviation of the neutrality of mediation,the dual system of technical identification of medical disputes,the obstacles to the connection between people’s mediation and judicial proceedings,and the lack of a sound deliberative and coordination mechanism to meet the needs of contemporary society have become negative factors in the development of the people’s mediation system for medical disputes.In order to continuously promote and improve the institutionalized and standardized construction of people’s mediation organizations for medical disputes,and to comply with the characteristics and needs of the people’s mediation system itself,this article combines the latest research results and methods,using the practical model of combining the people’s mediation system for medical disputes with insurance claims as a blueprint,sorts out its legislative basis and implementation status,deeply analyzes the practical difficulties in the operation process,and proposes improvement paths,With a view to reconstructing the authority of the people’s mediation system in the field of medical disputes.In addition to the introduction and conclusion,the article includes four parts:The first part elaborates the basic theory of the people’s mediation system for medical disputes,clarifies the scope of medical disputes,analysis of the application of diversified resolution mechanisms for medical disputes,leads to the concept and characteristics of the people’s mediation system for medical disputes,and summarizes its comparative advantages with other non litigation resolution mechanisms,highlighting the important value of the people’s mediation system in the diversified resolution mechanism for medical disputes.The second part analyzes and summarizes the current situation of the application of the people’s mediation system in the field of medical disputes,and analyzes the development advantages and obstacles of the people’s mediation system for medical disputes from the perspective of the central and local legal construction of the people’s mediation system for medical disputes,as well as the practical model of combining the people’s mediation system for medical disputes with insurance claims settlement.The third part analyzes and summarizes the practical difficulties faced by the people’s mediation system for medical disputes,mainly including:the deviation of the neutrality of people’s mediation for medical disputes,which is difficult to ensure the fairness and impartiality of mediation;The dual system operation mode of medical dispute technical appraisal affects the identification of liability and compensation standards;Obstacles in the connection between people’s mediation and judicial proceedings,reducing the utilization rate of mediation;Incomplete deliberation and coordination mechanisms cannot form a working synergy.The fourth part actively explores the improvement path of the people’s mediation system in the field of medical disputes,comprehensively designs medical and judicial reforms,mediation procedures,appraisal systems,and judicial confirmation systems,and proposes to reshape the neutrality of people’s mediation in medical disputes,ensuring the impartiality and professionalism of mediation;Standardize the technical identification of medical disputes,and unify the responsibility identification and compensation standards for medical damage;Optimize the judicial confirmation process and effectively connect the litigation and mediation dispute resolution mechanism;The exploration and prospect of improving the deliberation and coordination mechanism and establishing a linkage system between various departments are expected to fully exploit the unique advantages of the people’s mediation system in the field of medical disputes.
Keywords/Search Tags:Medical disputes, People’s mediation system, Diversified dispute resolution mechanism
PDF Full Text Request
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