论国外医疗纠纷的多元化解决机制

On the Multi-resolution Mechanism of Foreign Medical Disputes

近年来,医疗纠纷问题在我国日益凸显,这与我国的医疗纠纷多元化解决机制单一有关。而日本、美国、德国等对如何解决医疗纠纷已形成完善的机制,即偏向于非诉讼纠纷解决机制,具体以协商、调解、仲裁三种类型为主。我国应借鉴他们的成功经验,建立公平公正的调解和仲裁机构;强化调解和仲裁的法律效力;建立健全医疗保险制度;完善解决医疗纠纷的法律法规,以利于妥善解决医疗纠纷,促进和谐社会的构建。

In recent years, medical disputes have been increasingly prominent in China, which is related to the simplification of Chinese multi-resolution mechanism of medical disputes. Whereas, Japan, USA and Germany have developed a perfect mechanism on how to resolve medical disputes, i.e. non-litigation-oriented settlement mechanism, mainly based on negotiation,mediation and arbitration, tending to settlement mechanism of Non-litigation. China should absorb their successful experiences and try the following: establishing fair and equitable institutions of mediation and arbitration; strengthening the legal force of mediation and arbitration; building and perfecting medical insurance systems; completing laws and regulations of medical disputes so as to help resolve medical disputes properly and promote the development of the harmonious society.