On the evaluation and improvement of the amount-based restriction of negotiation in private when resolving medical disputes
10.3969/j.issn.1674-2982.2015.09.010
- VernacularTitle:医疗纠纷“限额私了”条款评价及改进建议
- Author:
Peilei LI
;
Yong DENG
- Publication Type:Journal Article
- Keywords:
Medical disputes;
Negotiation in private;
Disputes settlement mechanism;
Government by law;
Self-government
- From:
Chinese Journal of Health Policy
2015;(9):45-52
- CountryChina
- Language:Chinese
-
Abstract:
The amount-based restriction of negotiation in private when resolving medical disputes is quite com-mon in much local legislation.This kind of provision is legitimate in general, because the rights and interests it pro-tects overweigh those it limits, and the measures it takes are proper.However, there are several flaws.Firstly, as a provision which impairs the rights of citizen, the level of legislation and legal effect need to be upgraded.Secondly, the set of the amount of limitation is arbitrary.Thirdly, differential treatment of public and non-public medical insti-tution in the provision cannot be justified;it actually shows confliction between different government functions.Last-ly, blindly limitation of negotiation in private has neglect something important, that is the self-government functions behind autonomous disputes settlement mechanism.Based on these flaws, several improvement suggestions are pro-vided.
