我国医事仲裁制度的建构

Analysis of the Construction of China's Medical Arbitration Mechanism

医事仲裁充分尊重当事人意思自治,其程序便捷、灵活,有专家裁断的优点。我国医事仲裁制度地构建存在一些困境,如医患纠纷尚未纳入可仲裁的范围,医事仲裁尚未被普遍接受,医事仲裁与医疗损害鉴定的协调适用,仲裁模式和仲裁员地选用,医事仲裁经费等。为此借鉴国内外医事仲裁实践经验,用列举的方式界定医事仲裁的范围,从签订仲裁协议的方式、仲裁模式和仲裁员的选择、仲裁机构的设立、仲裁庭的组成、成立独立的医疗鉴定小组、仲裁裁决一裁终局、加强与保险公司的合作等几个方面进行分析,旨在进一步完善医事仲裁制度的建构,以实现和现有医疗纠纷解决方式的互补和协调。

Medical arbitration fully respects the autonomy of the parties concerned, and its procedures are conve-nient, flexible, with the advantages of expert judgment. However, there are still some difficulties in the construction of medical arbitration mechanism, for example, the doctor-patient dispute has not yet been included in the scope of arbitration, medical arbitration has not yet been universally accepted, and there are such problems as the coordina-tion of medical arbitration and medical damage applicability, arbitration model and the selection of arbitrators, and medical arbitration fees. Therefore, the author draws lessons from the practice experience of medical arbitration both at home and abroad and uses the enumerated methods to define the range of arbitrary disputes between doctors and patients. So from the aspects of the signing of arbitration agreements, voluntary arbitration modes and the se-lection of arbitrators, the establishment of arbitration institutions, the composition of arbitration tribunals, the es-tablishment of an independent medical appraisal team, the final conclusion of arbitration awards, and the strength-ening of cooperation with insurance companies, the author aims to further improve the establishment of medical ar-bitration mechanisms to achieve complementation and coordination with existing dispute resolution methods.