浅析我国医疗纠纷行政调解

Brief Analysis of Administrative Mediation of Medical Disputes in China

我国目前主要有协商和解、行政调解和民事诉讼三种医疗纠纷解决机制。其中,医疗纠纷行政调解是由卫生行政机构作为中立方与医患双方斡旋调解使双方自愿达成调解协议的制度。适用行政调解制度解决医疗纠纷更公平公正、便捷高效和人性化,有利于从根本上缓解医患关系的紧张。但在实际处理中,行政调解有诸多问题,适用范围狭窄、行政权力的介入过于被动、调解协议缺乏法律效力和程序不够规范等。本文针对以上问题提出相应对策,提出赋予调解协议法律效力、扩大适用范围、将行政调解前置、规范调解程序并建设专门的调解队伍等完善对策,以期解决卫生事业和社会现存的问题。

At present,there are mainly several medical dispute resolution mechanisms for negotiation and settlement,administrative mediation and civil litigation.Among them,the administrative mediation of medical disputes is a system in which the health administrative agency acts as a mediator between the Chinese and the doctors and the medical and medical parties to voluntarily reach a mediation agreement.Applying the administrative mediation system to solve medical disputes is more fair and equitable,convenient,efficient and humanized,which is conducive to fundamentally alleviating the tension between doctors and patients.However,in the actual handling,administrative mediation has many problems,the scope of application is narrow,the intervention of administrative power is too passive,the mediation agreement lacks legal validity and the procedures are not standardized.This article puts forward corresponding countermeasures for the above problems,and proposes appropriate countermeasures such as giving legal effects to the mediation agreement,expanding the scope of application,pre-establishing administrative mediation,standardizing mediation procedures,and building a special mediation team,in order to solve the problems existing in health undertakings and society.