Current，The main difficulties of the legal treatment of doctors and patients in my country are: weak rule of law governance of medical risks and doctors and patients with integrity，There are defects in the dispute between doctors and patients。Alerting these difficulties in the rule of law is of great significance for strengthening the construction of the rule of law。Medical damage responsibility system through regulating medical behavior、Provide legal rescue for patients who are medical damage to protect the patient's life and health rights。To a certain extent，The definition of the responsibility of medical damage is the core of the dispute between doctors and patients。

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Medical risk refers to the possibility and danger of results outside the medical purpose during the medical process。The limitedness of medical theory and the infinite contradiction between clinical needs、The contradiction between the timely nature of medical treatment and the limited information of diagnosis and treatment、The regularity of the disease and the contradiction between individual complexity、The universal contradictions of medical needs and the unbalance of medical technology level jointly determine，Clinical diagnosis and treatment has "the theoretical development is difficult to meet the requirements of practice，The risk features of the normative and exploratory simultaneous coexistence。The result of medical damage is caused by medical risks or medical faults，The focus of becoming disputed of doctors and patients。

So，First，To establish a reasonable concept of the rule of law and the consciousness of the rule bet365 Play online games of law with reasonable sharing of medical risks。Medical development brings huge benefits to human life and quality of life，At the same time，The inherent risk of clinical medicine that develops and progress in exploration should also be a common understanding of the law and the common understanding of the doctor and patients and the whole society.，To avoid too strictly holding the responsibility of medical negligence。

Next，Legal rules of quantitative distribution of medical risks。The rigid constraints of legal rules can provide stable rule of law，The sharing of medical risks is based on the identification of the proportion of medical fault liability.，This rule not only determines the amount of civil compensation，It also determines the nature of the responsibility of medical methods。Over the years，Many administrative regulations formulated by our country、Administrative Regulations、Industry rules、Judicial interpretation and other standardized documents have made different regulations and expressions on the rules of the proportion of medical fault liability，Some judicial appraisal agencies and even "self -made" rules to meet the requirements of appraisal，Causes serious deviations in law enforcement and justice，It is difficult to scientifically quantify the medical risk。"Healthy China 2030 Planning Outline" requires improving standards and specifications and guidelines in the health field，Therefore，The principle of unity of subjective and objectiveness should be upholds，Guide to "avoid the possibility of medical damage" and "Opportunities for treatment" as the guidance，Develop a unified medical liability ratio judgment rule。

Last，Research and judgment of strengthening medical risks of new medical technology。The rule of law is the basic guarantee for the healthy development of Bet365 app download medical science and technology，To prevent the side effects and risks of excessive use of new technologies under the drive of profit -seeking.，Promoting responsible medical innovation，Guarantee medical treatment to goodbye，Ethical review and legal regulations that need to strengthen the clinical admission of new medical technology。

　　Promote the integrity of doctors and patients with the rule of law

Doctor and patient integrity is the basic prerequisite for protecting the health rights and interests of patients。In traditional Chinese culture，Medicine is regarded as a sacred career to save people and obtained high recognition of society，From this to establish a good foundation for the integrity and harmony of doctors and patients。The development of modern medical technology enriches the means of diagnosis and treatment，But the shortage of medical resources and market -oriented competition have triggered the trend of interest in the relationship between doctors and patients，Excessive treatment appears、Surgery red envelope、Surgery red envelope、Variable to see a doctor、Difficult to see a doctor，Leading the relationship between doctors and patients becomes tense，Even doctors and patients conflict。The principle of integrity is the basic principle of civil activities。"Civil Code" Medical Damage Responsibility Liability One Regulations，Medical Party hidden or refuses to provide medical records，Lost、Forgery、Tampered with or illegally destroyed medical records，Posted by medical institutions in fault。This regulation is obviously the rule of law measures that promote the integrity of doctors and patients，But due to the lack of medical judicial ability due to the judicial authority，and the judicial appraisal of the "medical record integrity authenticity evaluation"，As a result, medical fault preservation cannot be activated and bet365 live casino games used in practice，To a considerable extent,，The effectiveness of the rule of law is greatly reduced。

So，It is the top priority to promote the construction of doctors and patients with the power of the rule of law。It one，Improve the relevant supporting mechanism legislation，Make the medical fault preserving this abstract law evolved into an operable fresh rule of law practice。

Its two，Strictly identify the real reason why the facts of doctors and patients disputes are unknown。Generally speaking，Medical infringement litigation litigation Chinese medicine patients with all medical records and other evidence that the medical facts are still true and false after the medical records are still true and false: First, the level of medical science development is limited，Second, the medical records are unreal and cover up the truth，or incomplete medical records and difficult to restore the truth。Both doctors and patients may choose to choose their own advantages due to litigation benefits，Difficulties in finding the real reasons of unknown medical facts，Forms proof of dilemma and deadlock in litigation。For this，To improve the maximization of past medical facts through improvement of medical litigation mechanisms，Related the integrity of the doctor and patients with the risk of losing the risk，Promoting the rule of law of the integrity of doctors and patients。

Three，The focus of law enforcement justice is placed on the standardized judgment of medical treatment rights，Strengthen medical knowledge、Protection of the rights and interests of patients with weak patients。

　　Improved doctor -patient dispute treatment mechanism

Negotiation of doctor and patients、Mediation of third party、Civil lawsuits are the main channels for resolving doctors and patients，The diversified solution mechanism that constitutes a doctors and patients dispute。The bet365 live casino games requirements of the "Healthy China 2030 Planning Outline" to "strengthen the health and law enforcement system and capacity building" of "strengthening the health field"，The above system architecture and its operational state need to be improved。

One，The advantage of signing a reconciliation agreement with the doctor and patients to solve the dispute is to fully reflect the autonomy、Convenient and efficient。But the medical knowledge of both doctors and patients is not equal、Asymmetry of medical information restricted the substantial fairness of reconciliation，The necessary rules are constrained and absent, which causes the disadvantages that may produce vague facts and avoid legal responsibility。The information resources and negotiation capabilities should be balanced from the balance of the doctor and patients，Ensure that the people's intentions are true，Restricting the scope of the negotiation of doctors and patients，It is forbidden to control the "private" and other aspects of disputes suspected of medical accident crimes。

Its two，Third -party mediation of doctor -patient disputes is the "Regulations on the Prevention and Handling of Medical Disputes".，Send hopes to start through convenience start、Active intervention、Free payment、Completion of time to complete and other measures will be created as the main channel to resolve medical disputes，Pressure and diverting trial pressure。But，In the mediation practice，The mediation person is often stubbornly persuaded to the doctors and patients from reasonable aspects、Say and，If the mediation protocol cannot be formed，Then commission medical damage identification before mediation，This will inevitably reduce the efficiency advantage of mediation，It is difficult for mediation to be the main channel for resolving medical disputes for diversion trial pressure。The reason Bet365 lotto review is clear，Instead，It is better to solve disputes directly through compulsory and standardized litigation procedures、Changyou。To maintain a third -party mediation than negotiation、Advantages of the litigation mechanism，Make it really becoming the main channel to resolve doctors and patients，It must be convenient for convenience、Take into account justice and authority。Medical mediation has the special professionalism of "combining medical law"，You need to improve the professional mediation ability of the mediation person，Make the mediation person can take out science、Reasonable、Legal mediation plan persuades both doctors and patients to accept。

Three，Current，Insufficient authoritative authority of civil and patient disputes，The social effect of resolving disputes is not good。The main reason is that most of the medical judicial cognition capabilities of the majority of judges are lacking，Medical and Law Interconnection。Under the background of implementing the judicial responsibility system，Judges to get closer to justice as possible，Entrusted identification as a "must -have action"，and the scientific nature of the judges、It is difficult to implement substantial judicial review，Restores directly based on identification opinions。The appraisal opinion has become a "super evidence" for identifying the responsibility of medical damage，Form the situation of identifying the "kidnapping" trial or "trial with a trial"。Judgment rights to a certain extent "Side" in the appraisal agency and appraiser，Lead of trial autonomy、Independent、Authoritative damage。For this，The medical judicial ability of the court should be effectively improved by the promotion of the medical expert jury system，Judgment Organization of "combining medical law" by a juror as a juror as a juror as a juror Bet365 lotto review as a clinical medical expert to trial medical disputes，Establish authority for doctors and patients' disputes，Make sure the referee is fair。

　(Author Unit: Institute of Law of the Academy of Social Sciences, Henan Province)