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近年来,医疗纠纷逐年骤增、医患关系日益恶化、医疗纠纷引起的暴力性事件频发〔1〕,医疗纠纷难以妥善解决。因此如何构建良性的医疗纠纷解决机制引起了学者和社会公众的广泛关注,行政调解作为行政权介入民事纠纷解决的制度有着诉讼以及当事人协商制度所不可比拟的优势。但在我国的医疗纠纷领域,由于立法的不足和实践中的困境,行政调解远远没有发挥其应有的作用。本文从行政调解对于解决医疗纠纷的优势和我国现存的问题出发,论述了如何重构医疗纠纷的行政调解制度,希望能对妥善解决医疗纠纷、建立和谐的医患关系有所推动。
In recent years, the number of medical disputes has been increasing year by year, and the relationship between doctors and patients has been deteriorating. The frequent occurrence of violent incidents caused by medical disputes [1] has made it difficult to properly resolve medical disputes. Therefore, how to construct a benign medical dispute resolution mechanism has aroused widespread concern among scholars and the general public. Administrative mediation, as an administrative intervention in the system of civil dispute resolution, has the advantages of litigation and the parties’ consultation system. However, in the field of medical disputes in our country, due to the lack of legislation and the plight in practice, administrative mediation is far from giving full play to its due role. From the advantages of administrative mediation in resolving medical disputes and the existing problems in our country, this article discusses how to reconstruct the administrative mediation system of medical disputes, hoping to promote the proper settlement of medical disputes and the establishment of a harmonious relationship between doctors and patients.