中国医疗纠纷解决法律机制现状、问题及对策研究 - 基于 ≪医疗事故条例≫、≪医疗纠纷预防和处理条例≫的比较解读

Preventing and managing medical disputes means that in medical activities, doctors and patients correctly fulfill their obligations respectively and prevent medical disputes. A large number of medical disputes has occurred in China every year, and the relationship between doctors and patients has been tense and contradictions between are becoming increasingly prominent. Therefore, it is necessary to further clarify the root of the problems between doctors and patients at this stage, clarify the existing disputes between doctors and patients and solve the problems in the existing legal mechanism. In order to better resolve increasingly complex medical disputes, China has successively issued new legal documents and revised some old laws in the past five years. Under the new legal mechanism, some new changes have taken place in ways of settling medical disputes in China. Therefore, this article intends to carry out a comparative interpretation and analysis of the Medical Malpractice Regulations and Medical Dispute Prevention and Management Regulations to explore an appropriate path to improve the existing legal mechanisms for medical dispute resolution. Researches have found that there exists conflicts and repetitions in the scope of application of Medical Malpractice Regulations and Medical Dispute Prevention and Management. It is necessary to clarify these two regulations. The key is that the Medical Malpractice Regulations is mainly applied to prevent medical disputes and settle non-litigation civil disputes, while the Medical Dispute Prevention and Management is mainly applicable to the administrative supervision of the medical industry. The part of repetition and conflicts in the prevention and settlement of medical disputes is subject to the Medical Dispute Prevention and Management. Combined with relevant practical experiences, this paper proposes three suggestions through the interpretation of the two administrative regulations. The first is to coordinate the legal system for resolving medical disputes, build a review system for settlement agreements and simplify mediation procedures; Second, for the legal mechanism of medical disputes resolution, a unified appraisal agency shall be established and standardized management of appraisal shall be put forward; Third, for non-litigation of medical disputes, a clear mediation system for medical disputes shall be proposed and law on the prevention and settlement of medical disputes shall be formulated.