论我国医疗纠纷非诉讼解决机制的再完善
发布时间：2018-08-04 10:07
【摘要】：当前我国医疗纠纷的处理及解决正处于一个瓶颈期。一方面医患关系不断恶化，矛盾冲突升级，医疗纠纷呈现愈演愈烈之势；另一方面医疗纠纷的处理机制存在先天不足的固有缺陷，没有发挥出应有疏导化解、定纷止争的作用。 非诉讼纠纷解决机制是近些年来学术界和实务界一直倡导和推崇的处理医疗纠纷的秘药良方。但是我国法律规定的处理医疗纠纷的非诉讼方式仅有两种：协商和行政调解。并且此两种方法正面临着自身困境：协商的欠规范化和行政调解的边缘化。本文通过分析我国医疗纠纷非诉讼解决机制的现状和存在的问题，，指出其推行的瓶颈并提出相应的完善建议，另外结合当前全国各地正纷纷进行的解决医疗纠纷的有益探索：如建立独立的第三方调解机制、设立独立于行政机关的仲裁机构，引入医疗责任保险，医学鉴定体系的完善等等，提出我国应实行“协商规范化、调解体系化、仲裁鼓励化、医疗责任保险强制化、医疗鉴定体系统一化”这五位一体的宏观思路，来构建符合中国国情和当前实际、切实可行的医疗纠纷非诉讼解决机制。
[Abstract]:At present, the treatment and resolution of medical disputes in our country is in a bottleneck period. On the one hand, the doctor-patient relationship continues to deteriorate, conflicts escalate, medical disputes become more and more intense; on the other hand, the medical dispute handling mechanism has inherent defects, has not played the role of due guidance to resolve, resolve disputes. Non-litigation dispute resolution mechanism has been advocated and respected by academic and practical circles in recent years. However, there are only two kinds of non-litigation ways to deal with medical disputes: consultation and administrative mediation. And these two methods are facing their own predicament: the understandardization of negotiation and the marginalization of administrative mediation. Based on the analysis of the current situation and existing problems of non-litigation mechanism for resolving medical disputes in China, this paper points out the bottleneck of its implementation and puts forward corresponding suggestions to improve it. In addition, combining with the beneficial explorations being carried out in various parts of the country to resolve medical disputes, such as the establishment of an independent third-party mediation mechanism, the establishment of arbitration institutions independent of administrative organs, and the introduction of medical liability insurance, The perfection of the medical appraisal system and so on. It is put forward that China should carry out "consultation standardization, mediation systemization, arbitration encouragement, medical liability insurance compulsion, medical appraisal system unified" as the macro thinking of "consultation standardization, mediation systemization, arbitration encouragement, medical liability insurance compulsion, medical appraisal system unified". To build a practical and practical medical dispute settlement mechanism in accordance with China's national conditions and current reality.
【学位授予单位】：南昌大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：R-051;D922.16
本文编号：2163546
[Abstract]:At present, the treatment and resolution of medical disputes in our country is in a bottleneck period. On the one hand, the doctor-patient relationship continues to deteriorate, conflicts escalate, medical disputes become more and more intense; on the other hand, the medical dispute handling mechanism has inherent defects, has not played the role of due guidance to resolve, resolve disputes. Non-litigation dispute resolution mechanism has been advocated and respected by academic and practical circles in recent years. However, there are only two kinds of non-litigation ways to deal with medical disputes: consultation and administrative mediation. And these two methods are facing their own predicament: the understandardization of negotiation and the marginalization of administrative mediation. Based on the analysis of the current situation and existing problems of non-litigation mechanism for resolving medical disputes in China, this paper points out the bottleneck of its implementation and puts forward corresponding suggestions to improve it. In addition, combining with the beneficial explorations being carried out in various parts of the country to resolve medical disputes, such as the establishment of an independent third-party mediation mechanism, the establishment of arbitration institutions independent of administrative organs, and the introduction of medical liability insurance, The perfection of the medical appraisal system and so on. It is put forward that China should carry out "consultation standardization, mediation systemization, arbitration encouragement, medical liability insurance compulsion, medical appraisal system unified" as the macro thinking of "consultation standardization, mediation systemization, arbitration encouragement, medical liability insurance compulsion, medical appraisal system unified". To build a practical and practical medical dispute settlement mechanism in accordance with China's national conditions and current reality.
【学位授予单位】：南昌大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：R-051;D922.16
【引证文献】
相关期刊论文 前3条
1 吴玉炜;;浅谈医疗纠纷解决机制的现状及完善[J];延安职业技术学院学报;2016年05期
2 冯亦浓;刘翊峰;张瑞琛;顾子皓;方乐;;医疗纠纷处理双轨制彻底破除的思考[J];法制博览;2015年31期
3 刘坤孟;项楠;沈宇超;李瑞峰;;浅论我国医疗纠纷ADR机制[J];价值工程;2015年20期
相关硕士学位论文 前1条
1 武芯宇;医疗纠纷的非诉讼处理机制[D];西南政法大学;2016年
本文编号：2163546
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