Enlightenment and Reference of Developed Countries' Third-party Mediation Mechanism of Medical Disputes on China
AI Er-ke
Abstract
AI Er-ke
Abstract
The third-party mediation mechanism of medical disputes is one kind of dispute resolution for resolving the conflicts between doctors and patients. It is intervened by a neutral third-party mediation of medical disputes and used for persuading doctors and patients. It is contributed to the parties reaching an agreement. The models and experience for construction and performance of the third-party mediation mechanisms of medical disputes in the United States,Germany,Japan,Singapore and other developed countries have enlightenment on improving and perfecting mediation mechanisms of medical disputes in China. We should learn from the legislation experience in the developed countries and build special departments for the third-party mediation mechanism of medical disputes. The implementation of compulsory insurance system of the medical liability,the setting of the third party mediation as the preceding procedure,the confirmation for the legal effect of the mediation agreement are also needed. It helps us to provide the solid legal basis for the following things: to efficiently resolve the medical disputes,to ease the conflicts between the doctors and patients,to maintain the normal medical environment,and to promote the development of medical science and technology.
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The third-party mediation mechanism of medical disputes is one kind of dispute resolution for resolving the conflicts between doctors and patients. It is intervened by a neutral third-party mediation of medical disputes and used for persuading doctors and patients. It is contributed to the parties reaching an agreement. The models and experience for construction and performance of the third-party mediation mechanisms of medical disputes in the United States,Germany,Japan,Singapore and other developed countries have enlightenment on improving and perfecting mediation mechanisms of medical disputes in China. We should learn from the legislation experience in the developed countries and build special departments for the third-party mediation mechanism of medical disputes. The implementation of compulsory insurance system of the medical liability,the setting of the third party mediation as the preceding procedure,the confirmation for the legal effect of the mediation agreement are also needed. It helps us to provide the solid legal basis for the following things: to efficiently resolve the medical disputes,to ease the conflicts between the doctors and patients,to maintain the normal medical environment,and to promote the development of medical science and technology.
Key concepts: Mediation, Enlightenment, Legislation, China, Alternative dispute resolution, Dispute resolution, Law, Mechanism (biology)