“医闹”行为不仅影响医院的正常运转秩序,也扰乱我国安定的社会秩序和法治秩序。虽然当前我国已出台《医疗事故处理办法》(“办法”)、《医疗事故处理条例》(“条例”)、《侵权责任法》等法律规范,但医疗纠纷仍未得到妥善解决,“医闹”、“杀医”等事件层出不穷。究其原因,法律困境是当前医疗纠纷难以解决的关键环节。因此,如何从破解其所面临的法律困境成为解决医疗纠纷的重中之重。 “Medical trouble ” behavior not only affects the normal functioning of the hospital, but also disrupts our stable social and legal order. Although China has promulgated some legal norms such as Measures for Handling Medical Accidents (Regulations), Regulations on Handling Medical Accidents (Regulations) and Law on Tort Liability, however, medical disputes have not yet been properly resolved , “Medical trouble ”, “kill the doctor ” and other events one after another. The reason, the legal difficulties are the key links in the current medical disputes difficult to solve. Therefore, how to solve the legal difficulties it faces becomes the top priority in resolving medical disputes.