중국 의료분쟁해결에 있어 협상 해결시스템 고찰

Abstract

As growing an awareness of law in China, the concern of patients and their families with respect to self-preservation also has enhanced continuously when receiving medical services. Since health professionals are facing with the danger of work itself as well as the lack of understanding of high-technology, however, there is often a tension between medical institution and patient. In addition, the medical disputes are growing in every year and the resolutions of these disputes are getting difficult. The improvement of living standard by means of economic growth in China induces to enhance the recognition of protecting people’s right. As a result, patients would like to protect their own rights and interests if their rights and interests are infringed by health professional during in the healing process of disease and injuries. This paper analyzes medical disputes which is the important issue emerging in China recently. Current Chinese resolution mechanisms for medical disputes include judicial settlement method such as litigation, and alternative dispute resolutions such as negotiation, administrative adjustment, and arbitration. The paper will analyze the alternative dispute resolution on medical dispute, specially focused on negotiation. Firstly, current status of Chinese medical disputes and the reasons occurring medical disputes are examined, and then the types of resolution mechanisms for medical dispute are analyzed. After reviewing these issues, the negotiation mechanism as one of the alternative dispute resolutions is analyzed in detail.