摘要
近年来,随着医疗纠纷的增多,以千奇百怪的手段、触目惊心的后果、职业化的发展趋势为特征的"医闹"现象愈演愈烈,逐渐成为我国医疗界的"难以承受之重"。为了有效遏制日渐严重的"医闹"现象,国家的相关法律、法规都对此作出了的规定。然而,令人费解的是,公安机关在接到"医闹"纠纷的报警后,却往往按兵不动或以"没法管"草草应付,致使无数"医患"双方"两败俱伤"。为何法制的不断完善的却不能有效的避免公安机关面对"医闹"现象的不作为?"有法"固好,但须"可依",否则再好的法律也形同虚设。当前,在医疗法制趋于完善的情况下,我们需要认真反思如何保证设计完好的制度在实践中得到有效运行。"双管齐下"、"标本兼治"是促使公安机关真正履行法定职责,依法处理"医闹"现象的根本之道。
In recent years, with the increase of medical disputes, ＂medical violence＂ becomes a serious problem, with the features of various means, shocking consequences and professionalize development trend. It gradually becomes ＂an unbearable burden＂ of the medical field. Relevant laws and regulations are made in order to curb this increasingly serious phenomenon. However, it is difficult to explain that after the public security organs receive the ＂medical violence＂ alarms, they often take no action or use the excuses to dismiss them, which resulting in both of patients and hospitals lose. Why the constant improvement of the legal system cannot effectively avoid facing the administrative nonfeasance of public security organs on ＂medical violence＂？ Without the operation of the law, even the best laws would be useless. Currently, under the improvement of the legal system, we need to seriously reflect on how to ensure that well-designed system to run effectively in practice. To promote public security organs really perform their statutory duties and deal with the ＂medical violence＂ under the law, we need to work along both lines and resolve the essential problem.
关键词
医闹
公安机关
行政作为
Medical Violence
Public Security Organs
Administrative Action
