医疗纠纷人民调解应当秉持的理念

Idea on People's Mediation of Medical Dispute Should Insist on

目前,医疗纠纷人民调解的研究多停留在制度构建和经验实证的层面,缺乏对调解理念系统、深入的探讨。调解理念是更为根本的问题,它有助于提升医疗纠纷人民调解研究的深度与广度,指导具体的制度设计和调解实践,并在人民调解与司法调解之间建立联动工作体系的纽带。医疗纠纷人民调解应遵循实现医患关系和谐并进而促进社会和谐的理念、创新社会治理的理念、医患双方自治理念、法治理念、医疗风险分担理念、专业化理念、合理的医疗技术期望值理念等。调解理念需要国家的提倡和引导,对医调委、医患双方和公众的宣传和教育以及良好调解效果的激励。

The research on the people＇s mediation of medical dispute is mainly focused on the system construction and empirical evidence ,and it lacks of systematic and thorough discussion on the idea of mediation. However , the idea of mediation is clearly a more fundamental problem . It helps to enhance the depth and breadth of the research on people＇s mediation of medical dispute , and guide the specific institutionalization design and mediation practice. Meanwhile,it can establish a mechanism between the people＇s mediation and judicial mediation. People＇s mediation of medical dispute should follow the idea of achieving the doctor-patient relationship harmony and further promoting social harmony, innovative social governance, doctor-patient self- government, rule of law, medical risk sharing, specialization and reasonable expectation of medical technology, etc. The idea of people＇s mediation of medical dispute requires the promotion and guidance of the state, the propaganda and education on medical disputes people＇s mediation committee, the doctors and the patients. And the incentive from effect of good mediation is necessary as well.