社会治理视角下医疗纠纷第三方调解机制探究

A study on third-party mediation mechanism of medical disputes:A perspective of social governance

近年来,第三方调解机制在化解医疗纠纷方面取得了积极成效。本文从社会治理的视角来分析,建议可从以下方面对该机制作进一步完善:治理目标是以定分止争为基础的医疗秩序维护;治理范围是以诊疗活动为中心的医患双方争议;治理主体是以政府为依托的群众性公益性组织;治理方式是以法治为框架的纠纷合意解决,必须以中立保证公信力、以专业保证公正性,做到情、理、法相结合,兼顾效率和公平。

In recent years,third-party mediation mechanism has achieved positive results in the resolution of medical disputes.From the perspective of social governance,further improvement could be made on the following aspects:Taking medical service order maintenance as its goal,which is based on ascertaining the facts and settling disputes.Taking the controversy between doctors and patients as its range,which centers on diagnosis and therapy activities.Taking public welfare organizations of a mass public welfare character as its subject,which relies on the government.Taking settlement of disputes as its method by arriving at consensus in the framework of the rule of law,where credibility and professionalism should be guaranteed by remaining impartial,and justice be achieved by keeping professionalism,with a combination of emotion,reason and law,and efficiency and equity both must be taken into consideration.