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随着医疗纠纷案件数量的逐年递增,单纯依靠司法途径解决医疗纠纷的弊端渐显。调解作为新兴的诉外纠纷解决方式,势必将在医疗纠纷信访处理中占据重要地位。现有医疗纠纷行政调解制度在适用范围、中立性、权威性、内部监督以及与其他纠纷处理方式的衔接等方面存在不足。针对上述情况,应从行政调解的优势与价值出发,通过对现有制度的调查研究找出问题,并在此基础上提出特设调解主体、扩大行政调解适用范围、回避制度、完善监督机制以及加强司法与行政调解的衔接等对策。
With the number of medical disputes increasing year by year, the shortcomings of resolving medical disputes based solely on judicial channels have become increasingly apparent. Mediation as a new solution to the dispute resolution system will inevitably occupy an important place in the handling of petitions for medical disputes. The existing system of administrative mediation of medical disputes has some shortcomings in its scope of application, neutrality, authority, internal oversight and its connection with other forms of dispute resolution. In view of the above, we should start from the advantages and the value of administrative mediation, find out the problems through the investigation and study of the existing system, and on this basis, propose the main body of ad hoc conciliation, expand the applicable scope of administrative mediation, avoid the system, improve the supervision mechanism and strengthen Judicial and administrative mediation such as the convergence of countermeasures.