浅议医疗纠纷的非诉讼解决方式

近几年来 ,医疗纠纷诉讼案件在我国呈逐年上升的趋势。最高人民法院《关于民事诉讼证据的若干规定》 (以下简称《若干规定》)和国务院《医疗事故处理条例》 (以下简称《条例》)的相继颁布 ,初步建成了医疗纠纷的法律调整体系 ,在一定程度上缓解了医患之间的纠纷矛盾。上世纪 6 0年代以来 ,非诉讼纠纷解决机制 ,又称替代性纠纷解决方式 (以下用英文缩写ADR)因其在纠纷解决方面表现出来的特殊价值与优点而逐步受到人们的重视和青睐 ,成为许多国家和地区解决民事纠纷的一大趋势。笔者认为从我国所面临的现实情况看 ,将ADR机制引入医疗纠纷领域 ,鼓励和发展医疗纠纷的非诉讼解决不失为一条快速、有效地解决医疗纠纷的途径。本文着重讨论法院附设ADR之解决以及行政调处。

Medical disputes have been getting more and more in recent years in our country. With the promulgation of Regulations on the evidence of civil law suit and rules to deal with medical accident, a law system to deal with medical accident has come into being, which help to alleviate the conflict between the medical and the patient. Ever since 1960's, due to its own special value and advantages in medical dispute resolving, Non-litigation, by another name is Alternative Dispute Resolution (ADR) has drawn increasing attention and has become a major instrument to solve the civil disputes by many countries. Given the present situation in China, the author thinks it an efficient and effective way to solve the medical disputes. In this article, emphasis has been made on the establishment of ADR system by the court and the administrative settlement. [