在现有仲裁机构内设立医疗纠纷仲裁庭的可行性研究

Feasibility study of establishing medical dispute arbitral tribunal in the existing arbitration institutions

仲裁方式解决医疗纠纷已经被国内外实践表明是一种行之有效的方式,鉴于我国医疗纠纷缺少及时、便捷、公正的解决途径,医患矛盾深化已经影响到社会的稳定和谐,建议修改现行仲裁法,并根据国情,在现有仲裁机构内设立医疗纠纷仲裁庭。该设想具有可行性,既克服了另设单独医事纠纷仲裁机构所需机构、场所、人员、资金等困难,又避免了新设医疗纠纷仲裁机构的公信力不足问题。而且现有仲裁机构的运作比较规范成熟,方方面面的关系均已理顺,在仲裁员的聘选、仲裁庭的组成、纠纷的解决等都积累了相当的经验。

Arbitration is an effective way in resolving medical disputes, which has been proved by practice at home and abroad. In view of the lack of timely, convenient and fair way to resolve medical disputes in China, the deepening of doctor-patient conflicts has affected social stability and harmony, so it is proposed to amend the existing arbitration law, and establish medical malpractice arbitral tribunal in the existing arbitration institutions in accordance with national conditions. The vision is feasible , not only to overcome the difficulties to setting separate medical dispute arbitration institutions, which involves necessary institutions, places, people, capital and so on, but also to avoid the lack of credibility of setting new medical dispute arbitration institution. In addition, the operation of the existing arbitration institutions is rather regular and mature, all aspects of the relationship have been straightened out, and considerable experience has been accumulated in the appointment of arbitrators, the composition of arbitral tribunal and the solution of disputes.