医患矛盾立法解决论反思

A Reflection on the Legislative Solution of the Contradiction between Doctors and Patients

随着医学技术的发展,医疗技术不断推陈出新,看似应愈加和谐的医患关系却走得并不顺利,医患矛盾近年来日益凸显并日趋焦灼。据统计截止至2014年,我国医患矛盾数量已经达到115 000件,虽然数据较前几年有所下降,但是由医患矛盾引起的恶劣伤医事件仍然使社会大众感到恐慌。眼下医患矛盾已不仅是医方与患方两者之间的医疗关系,就其本质来说是对于人性道德的考验与冲击。对于医患矛盾的胶着状态,众多学者提出通过立法途径解决,但是其适用性如何?能否只用理性的法律工具来解决日常人们感性的行为,仍是值得探讨的问题。

With the progress and development of science and technology, medical technology has been continuously promoted.But doctor-patient relationship do not go smoothly, and the contradiction between doctors and patients has become increasingly pronfinent and increasingly anxious in recent years. By 2014, according to statistics, the quantity of doctor-patient contradiction has reached 115 000, although data had declined than few years before, but severe injury medical events caused by the doctor-patient contradiction still makes the public panic. At present, the contradiction between doctors and patients is not only the medical relationship between them, but also the test and impact of human morality. For the stalemate of doctor-patient contradiction, many scholars put forward the solution through legislation. However, whether they are applicable or they can solve people＇s emotional behaviors with only rational legal tools is still a problem worthy to be discussed.