司法视野下医患关系紧张的成因及化解

Causes and Resolution of Tense Doctor- patient Relationship from Judicial Perspective

医患关系的法律属性是民事法律关系。医疗纠纷属民事纠纷,可通过协商、调解等非诉途径解决,也可通过诉讼途径解决。我国现行司法体制在处理医疗纠纷中存在立案难、举证难、医患双方不平等的问题,导致本应纳入司法处理的医疗纠纷屡屡演变为医闹、打医、杀医等暴力事件。因此,有必要强化医疗诉讼立案监督机制,完善医疗纠纷诉讼中证明妨碍和专家证人制度,畅通化解医患纠纷的司法路径。

The legal attribute of doctor- patient relationship is a civil relationship. Medical disputes which are civil disputes could be resolved by consultation,mediation,and other non- lawsuit ways,and also could be resolved through lawsuit. The current judicial system of our country has troubles including hard to case,difficult burden of proof,and imbalance of doctor- patient relationship,which has caused medical disputes evolved into violence. It is necessary to strengthen case supervision,improve the obstruction of evidence and expert witness system.