医疗纠纷的分类治理及其法治

Medical Disputes: Classified Governance and Rule of Law

近年来,医疗纠纷的频度与烈度长期处在高位。在巨大的纠纷压力型塑下,地方政府和医院主导的纠纷筛选与多元解纷体制逐渐形成。现有的治理实践看似笨拙实则有其精巧之处,可以将其概括为医疗纠纷的分类治理。依据冲突性的高低和患方诉求是否合理,可以得到一个二维的理论框架以及六种纠纷类型,有助于理解和优化现有治理实践,以及深化对法律治理和基层法治的认知和自觉。医疗纠纷蕴含的冲击社会秩序的巨大能量,根源于我们这个时代尚未妥善安置的"生命政治"。在这种复杂条件下推进基层法治,必须立足现实,有效回应当下的治理问题;并在此基础上凝聚共识,形成一种渐进式的法治观,从而期待不断提高法治水平。

In recent years,the frequency and intensity of medical disputes have stayed high for a long period of time.Under the pressure of huge disputes,the system of dispute-screening and multiple dispute-resolution led by local governments and hospitals has gradually been formed.The existing governance practice may seem clumsy but do have their sophistication,and it can be summarized as a kind of classified governance of medical disputes.According to the level of conflicts and the reasonableness of patients′appeals,a two-dimensional theoretical framework and six types of disputes can be obtained,Which helps to understand and optimize the existing governance practice,and promotes the awareness and consciousness of legal governance and grassroots rule of law.The enormous energy which is implicated in medical disputes and impacts on social order is rooted in the“vital politics”that has not yet been properly settled in our era.To push the construction of grassroots rule of law forward under such complicated conditions,we should stand on the reality and respond to the current dispute governance effectively,based on which we should build consensus and form a progressive view of rule of law,so as to anticipate the continuous improvement of the level of rule of law.