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目前,医疗纠纷人民调解的研究多停留在制度构建和经验实证的层面,缺乏对调解理念系统、深入的探讨。调解理念是更为根本的问题,它有助于提升医疗纠纷人民调解研究的深度与广度,指导具体的制度设计和调解实践,并在人民调解与司法调解之间建立联动工作体系的纽带。医疗纠纷人民调解应遵循实现医患关系和谐并进而促进社会和谐的理念、创新社会治理的理念、医患双方自治理念、法治理念、医疗风险分担理念、专业化理念、合理的医疗技术期望值理念等。调解理念需要国家的提倡和引导,对医调委、医患双方和公众的宣传和教育以及良好调解效果的激励。
At present, the research on people’s mediation of medical disputes mostly rests on the level of system construction and empirical evidence, and lacks the deep discussion on the conception system of conciliation. The concept of conciliation is a more fundamental issue. It helps to enhance the depth and breadth of mediation research in medical disputes, guides the design of specific systems and mediation practices, and establishes a link between people’s mediation and judicial mediation. Mediation of Medical Disputes The people’s mediation should follow the concept of harmonious relationship between doctors and patients and thus promote social harmony, the concept of innovative social governance, the concept of autonomy between doctors and patients, the concept of rule of law, the concept of medical risk sharing, the concept of specialization and the reasonable expectation of medical technologies . The conception of mediation needs the promotion and guidance of the state and the encouragement of the publicity and education of the medical commission, the doctors and patients, the public and the public as well as the effect of good mediation.