論我國醫(yī)療糾紛非訴訟解決機制的再完善
發(fā)布時間：2018-08-04 10:07
【摘要】：當前我國醫(yī)療糾紛的處理及解決正處于一個瓶頸期。一方面醫(yī)患關系不斷惡化，矛盾沖突升級，醫(yī)療糾紛呈現(xiàn)愈演愈烈之勢；另一方面醫(yī)療糾紛的處理機制存在先天不足的固有缺陷，沒有發(fā)揮出應有疏導化解、定紛止爭的作用。 非訴訟糾紛解決機制是近些年來學術界和實務界一直倡導和推崇的處理醫(yī)療糾紛的秘藥良方。但是我國法律規(guī)定的處理醫(yī)療糾紛的非訴訟方式僅有兩種：協(xié)商和行政調解。并且此兩種方法正面臨著自身困境：協(xié)商的欠規(guī)范化和行政調解的邊緣化。本文通過分析我國醫(yī)療糾紛非訴訟解決機制的現(xiàn)狀和存在的問題，，指出其推行的瓶頸并提出相應的完善建議，另外結合當前全國各地正紛紛進行的解決醫(yī)療糾紛的有益探索：如建立獨立的第三方調解機制、設立獨立于行政機關的仲裁機構，引入醫(yī)療責任保險，醫(yī)學鑒定體系的完善等等，提出我國應實行“協(xié)商規(guī)范化、調解體系化、仲裁鼓勵化、醫(yī)療責任保險強制化、醫(yī)療鑒定體系統(tǒng)一化”這五位一體的宏觀思路，來構建符合中國國情和當前實際、切實可行的醫(yī)療糾紛非訴訟解決機制。
[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.
【學位授予單位】：南昌大學
【學位級別】：碩士
【學位授予年份】：2014
【分類號】：R-051;D922.16
本文編號：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.
【學位授予單位】：南昌大學
【學位級別】：碩士
【學位授予年份】：2014
【分類號】：R-051;D922.16
【引證文獻】
相關期刊論文 前3條
1 吳玉煒;;淺談醫(yī)療糾紛解決機制的現(xiàn)狀及完善[J];延安職業(yè)技術學院學報;2016年05期
2 馮亦濃;劉翊峰;張瑞琛;顧子皓;方樂;;醫(yī)療糾紛處理雙軌制徹底破除的思考[J];法制博覽;2015年31期
3 劉坤孟;項楠;沈宇超;李瑞峰;;淺論我國醫(yī)療糾紛ADR機制[J];價值工程;2015年20期
相關碩士學位論文 前1條
1 武芯宇;醫(yī)療糾紛的非訴訟處理機制[D];西南政法大學;2016年
本文編號：2163546
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