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我国现行医疗纠纷解决机制存在种种困境和缺陷,已无法有效化解医患矛盾、缓解医患关系。正因如此,在我国开展医疗纠纷仲裁,构建多元化纠纷解决机制实属必要。世界主要国家与地区在医疗仲裁方面的立法与实践为我国医疗纠纷仲裁制度的构建提供了新视角和新思路,具有重要的借鉴意义。我国将医疗纠纷纳入可仲裁范围,既符合我国《仲裁法》之规定,也契合国际社会仲裁制度的发展趋势。无论从仲裁的本质,还是从仲裁功能的有效发挥来看,以选择兼终局型的仲裁模式构建医疗纠纷仲裁制度更为可取;出于对患者权益的保护以及重建医患信任的考虑,医患双方在纠纷发生后经协商一致达成仲裁协议的方式更合情合理;鉴于医疗纠纷的专业特殊性,除双方当事人合议选择由独任仲裁庭审理案件以外,无论案件争议金额的多少,医疗纠纷仲裁庭的组织形式原则上应一律采用合议制。
The current medical disputes resolution mechanism in our country is experiencing various difficulties and shortcomings and has failed to effectively resolve the contradiction between doctors and patients and ease the relationship between doctors and patients. For this reason, it is necessary to carry out arbitration of medical disputes in our country and construct a mechanism for resolving disputes. The legislation and practice of the major countries and regions in the field of medical arbitration provide new perspectives and new ideas for the construction of the medical dispute arbitration system in our country, which is of great reference significance. The inclusion of medical disputes in the arbitration scope in our country accords with the provisions of the “Arbitration Law” in our country and the development trend of the arbitration system in the international community. In terms of the nature of arbitration or the effective use of arbitration, it is preferable to construct a medical dispute arbitration system based on the selection and final arbitration model. For the sake of protection of patients’ rights and interests and rebuilding the trust between doctors and patients, In the light of the special specialty of medical disputes, both parties choose to be tried by a single arbitration tribunal, regardless of the amount of disputes in the case and the arbitration tribunal of the medical dispute In principle, the form of organization should adopt a collegial system.