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医疗行业是高风险行业,根据医疗纠纷频繁发生,不仅给患者及其家属带来了各种社会矛盾的实际情况,结合在法学体系研究的刑法学,仲裁制度和劳动仲裁制度的基础上,本人认为纠纷当事人在自愿基础上达成协议,将纠纷提交非司法机构的第三者审理,即医疗纠纷仲裁机构,并由之作出对争议各方均有约束力的解决纠纷的制度和方式,所以建立医疗纠纷仲裁制度有着必要性。
The medical industry is a high-risk industry. According to the frequent occurrence of medical disputes, it not only brings the actual situation of various social conflicts to the patients and their families, but also combines with the criminal law, arbitration system and labor arbitration system of legal system research. In the opinion of the parties to a dispute, on an involuntary basis, an agreement is reached to refer the dispute to a third party who is not a judicial organ for adjudication to a medical dispute arbitration institution and to make a dispute resolution system and method binding on all parties to the dispute. Therefore, Medical dispute arbitration system is necessary.