初步构建中国医疗纠纷仲裁机制研究设想
Study On the Construction of Arbitration Mechanism in Resolving Medical Disputes
초보구건중국의료규분중재궤제연구설상
- Resource Type
- Article
Text
- Authors
- 孟妍; 맹연; Meng, Yan
- Source
- 의생명과학과 법, 12/31/2016, Vol. 16, p. 99-117
- Subject
- 构建研究 의료분쟁중재
중재가능성
임의중재
합의중재정
체계연구
the arbitration of medical disputes
arbitrability
voluntary arbitration
collegiate bench
the study on construction
医疗纠纷仲裁
可仲裁性
任意仲裁
合议仲裁庭
- Language
- Chinese
- ISSN
- 2092-8599
The settlement of the medial disputes by arbitration is the significant exploration in improving the ADR of medial disputes in our country. The arbitrability and the mode of medical disputes to arbitration are the difficulties in the settlement mechanism of medial disputes. Both practices and the legislation in certain regions indicate the arbitrability of medical disputes. Voluntary arbitration should be adopted to construct the arbitrational mechanism of medical disputes. Considering current states of the great difficulty in revising the arbitration law and the enormous waste in arbitrational resource, we should apply current arbitrational mechanism to resolve the medial disputes. Seeing that the highly professional and complexity in medical disputes, unless the sole arbitrator is the common choice by parries, the collegiate bench should be taken in the composition of the arbitration tribunal.