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我国医患矛盾具有易发多发的特征,极大影响了和谐社会的构建。医患矛盾是转型时期社会问题的集中反映,解决医患矛盾不能仅从制度性、技术性归因的角度看待,还必须从社会学的角度探寻根源。医患矛盾是多种社会问题集结的复合体,是信息不对称条件下的博弈行为,亦是群际冲突下的信任危机,必须构建具有体系性特征的法律解决机制,以公正、效率与秩序为价值理念指引,从而实现医患矛盾的根本化解,避免该领域非理性现象的发生。应加大对医疗事故责任及鉴定责任的处理力度,提高打击医患领域违法犯罪行为的精准度,实现司法维护公平正义价值上的双向取和。并通过建立医疗纠纷案件快速处理机制、加强医疗纠纷人民调解组织建设、完善医疗保险体系等举措,提供优良的外在制度环境。
The contradiction between doctors and patients in our country is characterized by frequent occurrence and development, which greatly affects the construction of a harmonious society. The contradiction between doctors and patients is the concentrated reflection of social problems in the transitional period. To solve the contradiction between doctors and patients can not be viewed only from the institutional and technical attributional perspectives, but also from the perspective of sociology. The contradiction between doctors and patients is a complex of many social problems. It is a game behavior under the condition of information asymmetry. It is also a crisis of confidence under inter-communal conflicts. It is necessary to construct a legal solution mechanism with systematic characteristics, with fairness, efficiency and order For the value of the concept of guidance in order to achieve a fundamental solution to the contradiction between doctors and patients, to avoid the occurrence of irrational phenomena in this area. Should increase the responsibility for medical malpractice and identification of the handling of the responsibility to improve the accuracy of the fight against crime in the field of medicine and medicine to achieve justice and justice to maintain the value of the two-way justice. And through the establishment of medical dispute cases rapid processing mechanism, strengthening the construction of medical dispute mediation organizations, improve the medical insurance system and other initiatives to provide an excellent environment for the external system.