清代医疗纠纷的调解、审理及其特征

The Mediation,Trial and Characteristics of the Medical Disputes in the Qing Dynasty

清代医界的混乱无序导致医、病冲突时有发生,甚至"庸医杀人"的讼案也屡见不鲜。尽管大量医事纠纷都关涉人命,然而大多病家最终选择了"胁商"以寻得利益最大化。对于造成诉讼的医讼案件,州县官员偏向于将其纳入自理词讼的范畴,以平息争议为目的。与之不同,清中央对医疗讼案的处治则明显偏向于打击挑战正统的异端邪术,力图防范宗教、巫术等透过医疗市场可能给中央王权带来的潜在危害。

The disorder of medical profession occasionally resulted in the doctor - patient conflicts in the Qing dynasty, even the ＂ quackery homicide ＂ case was often seen. Although a large number of medical disputes were related to human life, most of the patients chose a ＂ threatening discussion＂ way to seek maximum benefits. For the medical lawsuit cases, the state and county officials preferred to include them in the category of self - care lawsuits to quell the dispute , while dealing with medical lawsuits ,the Qing government preferred to suppress heresy that challenged the orthodox , trying to prevent the potential harm to the central government brought by the religion and witchcraft and so on through the medical market .