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近年来,随着新的诉讼证据规则的出台,涉及医疗纠纷的诉讼成为法院受理案件的重要来源,法院已不堪其累。医患纠纷久拖不决,给当事人和医疗机构都带来巨大损失。鉴于此,寻求诉讼之外的解决纠纷的手段、建立多元纠纷解决机制就成为社会发展的必需。在充分研究ADR(Alternative Dispute Resolution)的特性和可行性后,着重于对如何分工与衔接ADR与诉讼机制的关系、完善我国的非诉讼解决纠纷制度,进而充分应用于解决医患纠纷进行探讨。
In recent years, with the advent of new evidence rules of litigation, litigation involving medical disputes has become an important source of court acceptance of cases and the courts have been overwhelmed. Doctors and patients disputes long delays, to the parties and medical institutions have caused huge losses. In view of this, seeking solutions to disputes other than litigation and establishing a mechanism for the resolution of multiple disputes have become necessary for social development. After fully studying the characteristics and feasibility of ADR, this paper focuses on the relationship between ADR and litigation mechanism, and how to perfect the non-litigation dispute resolution system in our country, and then to fully apply it to solve the disputes between doctors and patients.