医调委:功能冲突与制度调适

为了回应日益严峻的医患冲突, 医患纠纷人民调解委员会 (简称"医调委") 这一专业性调解组织在全国范围内被广泛地组建起来。研究表明医调委既要维护医疗场所秩序稳定, 又要满足患方权利诉求, 同时还需要保护医疗机构的合法权益, 在很多时候, 这些功能需求存在尖锐的冲突。虽然医调委发展出一些制度性策略来缓和这些功能冲突, 但是效果有限。医调委的长远发展在很大程度上受制于医疗诉讼, 为医调委的长远发展考虑, 需要从理论上进一步思考其组织定位。

The Functional Conflict and Institution Adaptation of People's Mediation Committee of Medical Disputes

As a professional mediation organization, the people's mediation committees of medical disputes were established throughout the country in order to respond increasinging worsen medical disputes.This paper shows the people's mediation committee of medical disputes not only needs to maintain the social order stability in hospitals, but also needs to satisfy the patient's appeal, as well as protecting the hospital's legal benefits.Oftentines, these functional needs collide with each other acutely.In order to alleviate the conflicts, some institutional tactics are developed gradually.Unfortunately, the effects of institutional adaptation are limited.The development of the people's mediation committees of medical disputes is confined largely by courts, hence theoretical thinking of the orientation of the people's mediation committee of medical disputes is necessary for its long-term success.