“医闹”的法理分析及法治应对

发布时间：2018-06-24 08:58

本文选题：医闹 + 价值基础　；参考：《中国社会科学院研究生院》2017年硕士论文

【摘要】：医闹是当前医患关系矛盾中最典型的表现方式之一,在全国许多医院都在不同程度地上演。拉横幅、在医院摆放尸体等破坏医院正常工作秩序的事件屡见不鲜,各类医闹新闻也时常见诸报端,甚至发生了很多蓄意殴打和杀害医护人员的恶性案件。而且随着社会的发展,医闹的主体还呈现出日渐职业化的倾向。长此以往,医护人员的安全将得不到保障,医患关系也将持续彼此缺乏信任的局面。我们应当明确,医闹对于解决现实生活中的医患纠纷毫无益处。医闹,究其本源属于违规甚至违法的行为。患者及家属并不能通过医闹获得实质性益处,将希望寄托于职业医闹团体的患者及家属,更是极有可能陷入被职业医闹团体敲诈勒索的情境之中。为解决医闹这一现实问题,本文拟用规范分析法、对比分析法、演绎归纳法等方法,从以下几个方面展开论述。第一,对医闹这一现象进行定义,将医闹的性质做出正确的界定。通过四要件说的方式对医闹进行详细解读,列举其成因及对各方的危害。总结得出导致医闹的多重原因:当今民众对医患纠纷问题的解决途径的了解不足,通过其他方式得到的维权效果也未能满足他们的需求,同时对医闹违规违法的性质了解不足,及对医生专业性工作的了解不能。第二,依现有法律,把医闹的不同情况对照条文进行分类,为明确医闹的解决办法提供参考。同时,指出现有法律对医闹的规定仍存在界定不清处罚不明的情况,为下文寻找对策进行铺垫。第三,当今我国应对医闹已经进行了一系列实践,笔者将首先以广东省中山市成功治理医闹为例,分析可推广之处。其次,通过国外零医闹的状况来探寻可借鉴的优点。最后阐述我国医闹治理的现状,分析依旧面临的法律问题,以达到把总结出的有益经验运用到实践之中的目的。第四,综合前述分析,对解决医闹问题提出个人构想。通过多措并举,使民众知悉医闹的无益性、违法性,给予民众合理的维权方式和保护机制,并严厉惩处职业医闹团体。强调只有将医闹入刑或者采取其他法律手段才是解决问题的最佳方法,继而站在法理的角度,提出构建宽容、和谐、有序的价值基础,明确医患之间最基本的权利义务关系,完善法律法规并切实地执行,才能使医闹这种既违规又违法的方式被彻底摒弃。
[Abstract]:Medical trouble is one of the most typical manifestations of the contradiction between doctors and patients, which is performed in many hospitals all over the country. Banners, corpses placed in hospitals and other incidents that undermine the normal working order in hospitals are common, and various kinds of medical news are often reported, and many vicious cases of deliberate beating and killing of medical personnel have even occurred. And with the development of society, the main body of medical trouble also presents the tendency of professionalization. In the long run, the safety of health care personnel will not be guaranteed, and the relationship between doctors and patients will continue to lack trust. We should make it clear that medical trouble is of no benefit in resolving real-life doctor-patient disputes. Medical trouble, its origin is illegal or even illegal behavior. Patients and their families can not obtain substantial benefits through medical intervention. Patients and their families who wish to place their hopes on professional medical organizations are more likely to be involved in the situation of extortion by professional medical organizations. In order to solve the practical problem of medical trouble, this paper uses the methods of normative analysis, comparative analysis, deductive induction and so on, and discusses them from the following aspects. The first is to define the phenomenon and define the nature of the disease correctly. Through the four-element theory to explain the medical trouble in detail, enumerate its causes and harm to all parties. Summing up the multiple reasons leading to medical trouble: nowadays, people do not know enough about the ways to solve doctor-patient disputes, and the effects of safeguarding rights obtained by other means also fail to meet their needs, and at the same time, they do not know enough about the nature of violations of laws and regulations by doctors. And knowledge of the professional work of doctors can not be. Secondly, according to the existing law, the article classifies the different cases of medical trouble, and provides a reference for clarifying the solution of medical trouble. At the same time, the author points out that the existing laws still have unclear definition and punishment, which pave the way for the following countermeasures. Thirdly, a series of practice has been carried out in our country. The author will take Zhongshan City, Guangdong Province as an example to analyze the popularization. Secondly, through the situation of zero medical trouble in foreign countries to explore the advantages that can be used for reference. Finally, this paper expounds the present situation of the management of medical trouble in our country, and analyzes the legal problems still faced, so as to apply the useful experience summed up to practice. Fourth, synthesizes the above-mentioned analysis, proposes the personal idea to solve the medical trouble problem. In order to make the public know the futility and illegality of medical trouble, we should give people a reasonable way of safeguarding their rights and protection mechanism, and severely punish professional medical organizations. Emphasizing that the best way to solve the problem is to impose punishment on doctors or adopt other legal means, and then from the perspective of legal theory, to put forward the value basis of tolerance, harmony and order, and to clarify the most basic relationship of rights and obligations between doctors and patients. Only by perfecting laws and regulations and enforcing them can we completely abandon this illegal and illegal way.
【学位授予单位】：中国社会科学院研究生院
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.16

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