A Brief Discussion on the Criminal Qualitative Analysis and Legal Adjustment of Medical Disputes in China—Starting from the Law of the Peoples Republic of China on Medical Practitioners
Since the 1990s,the number of medical disputes in China has been continuously in-creasing,and the types have also shown a diversified trend.Medical disputes may seem like opposition and conflict between doctors and patients on the surface,but in reality,they are the results of defi-ciency in the medical system mechanism,reflecting various problems in legislation,law enforcement,judiciary,rule of law promotion,and legal services in China's medical and health field.Given that medical disputes arise from the contradiction and conflict between the patient's right to life and health and the balance of legal interests between medical institutions and medical staff,a neutral concept of"medical disputes"can better reflect the fair position of legal research in defining medical rescue be-haviors with diagnostic and therapeutic properties,as well as medical research and correction behaviors with scientific or aesthetic properties.This paper assumes the conceptual basis of"medical disputes"based on the research principles of medical law,and measures the operational situation of relevant legal norms from a macro social perspective.Based on clarifying the specific standards for the application of criminal law in medical disputes,it advocates further refinement of mediation,arbitra-tion,appraisal,and related litigation procedures to promote the improvement of diversified resolution mechanisms for medical disputes in non criminal fields.
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