反思与完善:医疗纠纷中的多元法律治理

近些年在医疗卫生领域,医疗纠纷事件多有发生,呈现出明显的违法犯罪化之时代变迁。医疗纠纷多元法律治理有其价值,但从当前实践看,关键问题是"治乱"与"治软",亟需用法治统一理念和方式来强化、协调医疗纠纷的治理机制。根据我国医疗纠纷治理的现实情况,其"手段与功能"的治理模式色彩深厚,其治理效果显著的同时仍然存在一些问题。应当树立法律权威,发挥法律刚性约束力;协调法律机制,实现法律公平正义价值,并推进标本兼治,提升医疗纠纷法律治理的效果。

Reflection and Improvement: Multiple Legal Governance in Medical Disputes

in recent years,in the field of medical and health care,medical disputes often occur,showing obvious changes in the era of illegal and criminal. Multiple governance of medical disputes has its value,but from the current practice,the key issue is " chaos" and " soft governance". It is urgent to strengthen and coordinate the governance mechanism of medical disputes with the unified concept and method of the rule of law. According to the actual situation of medical dispute management in China,it is mainly manifested in the governance mode of " means and functions". and its governance effect is significant while there are still some problems. We should establish the legal authority,give full play to the legal rigid binding force,coordinate the legal mechanism,realize the value of legal fairness and justice,promote root cause treatment,and improve the effect of legal governance of medical disputes.