医疗纠纷的替代性纠纷解决机制（ADR）研究

发布时间：2018-12-25 21:14

【摘要】：医患纠纷事件越来越多、医患关系日趋紧张已成为当今社会十分关注也是亟待解决的矛盾之一。尖锐化和复杂化是矛盾在社会转型期呈现出的两个明显特点。针对这一情形,在立身于本国国情的基础上建立恰当有效的纠纷解决方式,是缓和紧张的医患关系的关键。在立法中,协商、卫生行政机关的调解、诉讼,是我国主要的三种医疗纠纷的解决方式。在医疗纠纷解决的实践中,协商是解决纠纷的基本方式,但是协商机制却难以规范化。卫生行政机关的调解是一种以行政机关作为第三方,在医患矛盾之间扮演调解者角色的纠纷解决机制。在实践中,适用率较少,是由于人们认为卫生行政部门难以从医疗纠纷中脱离出来扮演独立的第三方角色,作为医疗机构的管理者在纠纷处理的过程中能否保持公平公正地的立场人们对此也持有怀疑的态度。一直以来,诉讼在纠纷解决当中都扮演着核心角色。司法机关的办案压力也随着医疗纠纷事件的不断增多而日渐增大。同时,随着医疗纠纷的逐步专业化,使法官在办案中举步维艰,这也一定程度上影响了裁判的公正性。那么,如何改变这一现状?在国外,医疗纠纷的替代性纠纷解决机制的优势日渐显露。笔者以国外医疗纠纷的替代性纠纷解决机制的实践经验为基础,提出一些符合我国现有的国情制度的拙见。
[Abstract]:There are more and more doctor-patient disputes, and the increasingly tense relationship between doctors and patients has become one of the contradictions that need to be solved. Sharpening and complicating are two obvious features of contradiction in the social transition period. In view of this situation, it is the key to ease the tense doctor-patient relationship to establish an appropriate and effective dispute resolution method based on the national conditions of our country. In legislation, consultation, mediation of health administrative organs, litigation are the three main ways to resolve medical disputes. In the practice of medical dispute resolution, negotiation is the basic way to resolve disputes, but the negotiation mechanism is difficult to standardize. The mediation of health administrative organs is a kind of dispute resolution mechanism, which takes the administrative organ as the third party and plays the role of mediator between doctors and patients. In practice, the low rate of application is due to the perceived difficulty for the health administration to separate itself from medical disputes and play an independent third party role. There are also doubts about whether the managers of medical institutions can maintain a fair and just position in the handling of disputes. Litigation has always played a central role in dispute resolution. With the increasing of medical disputes, the pressure of handling cases of judicial organs is increasing day by day. At the same time, with the gradual specialization of medical disputes, judges are struggling in handling cases, which to some extent affects the impartiality of the judges. So, how do you change that? In foreign countries, the advantage of alternative dispute resolution mechanism of medical dispute is revealed day by day. Based on the practical experience of the alternative dispute resolution mechanism in foreign countries, the author puts forward some opinions which accord with the existing national conditions of our country.
【学位授予单位】：内蒙古大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D926

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