医疗纠纷听证制度研究
发布时间：2018-11-23 17:19
【摘要】：近些年来,随着我国社会体制改革的深化、经济的迅速发展以及文化教育水平的普遍提高,人们对就医环境及医疗服务要求越来越高。依常理而言,完美和谐的医患关系是获得良好治疗效果的基本保证,医生与病人之间应是一种相互信任、相互尊重、相互协作的关系。然而,由于各种原因,我国医患关系并不理想,一些地方医患关系恶化,医疗纠纷呈不断增长之势,不少地方甚至出现所谓的“医闹”现象,社会影响极坏。目前,医疗纠纷如何处理,已成为我国医患之间及政府,特别是卫生行政部门极为“头痛”之事。如何正确有效、有序合法地处理医疗纠纷,已成为各级政府和社会各界人士十分关注的问题。但是,由于历史和现实的各种原因,我国现行医疗纠纷解决机制存在明显缺陷,无法有效化解医患矛盾、缓解医患关系。因此考察和借鉴国外行之有效的医疗纠纷解决机制,对构建我国多元化解决医疗纠纷体制具有极其重要的现实意义,并且有望改善医疗纠纷上涨和医患关系恶化的现状。本文主要分为以下几个部分进行论证：第一部分,听证制度的概念、价值及演变。本部分首先阐释听证和听证制度的概念,进而从程序公正、社会和谐以及提高政府公信力等方面探讨听证制度的价值,最后简要梳理了听证制度的缘起。第二部分,域外医疗纠纷听证制度考察及其启示。该部分着力对美、日、德等国医疗纠纷案件中,应用听证制度的情况进行考察及探究,并从中找出可借鉴之处。第三部分,我国医疗纠纷听证的现状及其前景。对我国医疗纠纷听证的现状及其前景的探讨,并对我国目前医疗纠纷案件中,听证制度的应用情况进行介绍,在此基础上,分别从立法方面以及社会效果等方面阐述了引入听证制度的必要性。第四部分,我国医疗纠纷听证制度的内容。该部分综合阐述了我国医疗纠纷听证制度的内容,包括我国医疗纠纷听证制度的价值目标和基本原则、我国医疗纠纷听证的主体、适用范围、程序、效力及监督等相关内容。
[Abstract]:In recent years, with the deepening of the reform of social system, the rapid development of economy and the general improvement of the level of culture and education, people have higher and higher demands on the medical environment and medical service. According to common sense, perfect and harmonious doctor-patient relationship is the basic guarantee to obtain good therapeutic effect, and the relationship between doctor and patient should be a kind of mutual trust, mutual respect and mutual cooperation. However, due to various reasons, the doctor-patient relationship in China is not ideal. In some places, the doctor-patient relationship is deteriorating, the medical disputes are on the rise, many places even appear the so-called "medical trouble" phenomenon, the social impact is extremely bad. At present, how to deal with medical disputes has become a headache between doctors and patients and the government, especially the health administration department. How to deal with medical disputes correctly and effectively, orderly and legally, has become a matter of great concern to governments at all levels and people from all walks of life. However, due to various historical and realistic reasons, there are obvious defects in the current medical dispute resolution mechanism in China, which can not effectively resolve the doctor-patient contradiction and ease the doctor-patient relationship. Therefore, it is of great practical significance to investigate and draw lessons from the effective medical dispute resolution mechanism in foreign countries to construct a diversified medical dispute resolution system in China, and it is expected to improve the current situation of rising medical disputes and deteriorating doctor-patient relationship. This paper is divided into the following parts: the first part, the concept, value and evolution of the hearing system. This part first explains the concept of hearing and hearing system, and then discusses the value of hearing system from the aspects of procedural justice, social harmony and improving the credibility of the government, and finally briefly combs the origin of the hearing system. The second part, the foreign medical dispute hearing system investigation and its enlightenment. This part focuses on the application of the hearing system in medical dispute cases in America, Japan, Germany and other countries, and finds out the lessons to be drawn from it. The third part, the present situation and prospect of medical dispute hearing in our country. This paper discusses the present situation and prospect of medical dispute hearing in our country, and introduces the application of hearing system in medical dispute cases in our country. The necessity of introducing hearing system is expounded from the aspects of legislation and social effect respectively. The fourth part, the content of hearing system of medical dispute in our country. This part comprehensively expounds the contents of the medical dispute hearing system in our country, including the value goal and basic principle of the medical dispute hearing system in our country, the main body, the applicable scope, the procedure, the effectiveness and the supervision of the medical dispute hearing system in our country.
【学位授予单位】：华中师范大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D925.2
本文编号：2352209
[Abstract]:In recent years, with the deepening of the reform of social system, the rapid development of economy and the general improvement of the level of culture and education, people have higher and higher demands on the medical environment and medical service. According to common sense, perfect and harmonious doctor-patient relationship is the basic guarantee to obtain good therapeutic effect, and the relationship between doctor and patient should be a kind of mutual trust, mutual respect and mutual cooperation. However, due to various reasons, the doctor-patient relationship in China is not ideal. In some places, the doctor-patient relationship is deteriorating, the medical disputes are on the rise, many places even appear the so-called "medical trouble" phenomenon, the social impact is extremely bad. At present, how to deal with medical disputes has become a headache between doctors and patients and the government, especially the health administration department. How to deal with medical disputes correctly and effectively, orderly and legally, has become a matter of great concern to governments at all levels and people from all walks of life. However, due to various historical and realistic reasons, there are obvious defects in the current medical dispute resolution mechanism in China, which can not effectively resolve the doctor-patient contradiction and ease the doctor-patient relationship. Therefore, it is of great practical significance to investigate and draw lessons from the effective medical dispute resolution mechanism in foreign countries to construct a diversified medical dispute resolution system in China, and it is expected to improve the current situation of rising medical disputes and deteriorating doctor-patient relationship. This paper is divided into the following parts: the first part, the concept, value and evolution of the hearing system. This part first explains the concept of hearing and hearing system, and then discusses the value of hearing system from the aspects of procedural justice, social harmony and improving the credibility of the government, and finally briefly combs the origin of the hearing system. The second part, the foreign medical dispute hearing system investigation and its enlightenment. This part focuses on the application of the hearing system in medical dispute cases in America, Japan, Germany and other countries, and finds out the lessons to be drawn from it. The third part, the present situation and prospect of medical dispute hearing in our country. This paper discusses the present situation and prospect of medical dispute hearing in our country, and introduces the application of hearing system in medical dispute cases in our country. The necessity of introducing hearing system is expounded from the aspects of legislation and social effect respectively. The fourth part, the content of hearing system of medical dispute in our country. This part comprehensively expounds the contents of the medical dispute hearing system in our country, including the value goal and basic principle of the medical dispute hearing system in our country, the main body, the applicable scope, the procedure, the effectiveness and the supervision of the medical dispute hearing system in our country.
【学位授予单位】：华中师范大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D925.2
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相关期刊论文 前3条
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，本文编号：2352209
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