By Establishment of Medical Procedure Law in Our Country
|Keywords||Medical dispute Procedure Constructs tentative plan|
As the number of medical dispute increases greatly, it has become a big problem that influences doctor-patient relationship. Settlement, administrative mediation and lawsuit are the three main ways to deal with medical dispute. Although great efforts have been spent on other ways recently in China, such as third-party mediation, lawsuits still remain the most authentic and final one, which are implacable. Due to the specialty of doctor-patient relationship and the professionalism of medical disputes, it is very difficult to settle these disputes timely and properly by the ordinary procedures of people’s court. It deserves great research to build up a special system of judicial proceedings that can suit the characteristics of medical dispute and put it into application.This article gives an all-round description of medical judicial proceeding construction, including the conception, characteristics, properties of medical judicial proceeding, its current development and its disadvantages in China, its development in other countries, its theoretical and actual basis in China, the principles we must adhere to during the construction, and the exact rule designs. This article, which amounts to about 35,000 words was divided into four parts except the introduction part:the first part defines medical judicial proceedings, the second part analyzes the necessities to build up this system in China, the third part is about its feasibility, and in the last part several ideas are put forward to help the construction.In this article, the author paid great attention both to theory and to practice, analyzed not only the shortcomings of medical judicial proceedings in China but such disputes abroad which will be very helpful. What’s more, the author also did on-the-spot investigations so as to avoid misunderstandings.The author will be very grateful if this article can help arouse more interests to medical judicial proceeding in the research field, and will do his best to improve it.