(The 18th ordinary meeting of the Government of the People of the State of 9 August 2013 considered the adoption of the Decree No. 134 of 19 August 2013, No. 134 of the People's Government Order No. 134 of 1 October 2013)

Chapter I General

In order to prevent and deal with medical disputes in accordance with the law, protect the legitimate rights and interests of patients, medical institutions and their medical personnel, maintain the medical order and develop this approach in line with the laws, regulations and regulations of the People's Republic of China Act, the State Department's Medical Accident Control Regulations.

Article 2

This approach refers to medical disputes that arise between medical institutions and patients in connection with medical activities such as medical treatment, care.

Article 3. Governments of municipalities, districts (markets, districts) have established a coordination body for the prevention and treatment of medical disputes, coordinating key issues in the prevention and treatment of medical disputes.

The Health Administration is responsible for guiding, overseeing the prevention and treatment of medical disputes by medical institutions.

The executive branch of the judiciary is responsible for guiding the mediation of the people who are suffering from a medical dispute.

The public security authorities are responsible for the maintenance of the security order of medical institutions.

Article IV, the unit of the victim and the Government of the people of the town of residence (the Street Office), the Village (LNL) Commission should cooperate with the handling of medical disputes.

Article 5 The media should play an advocacy, guidance and oversight role in public opinion, provide objective coverage of medical disputes, advocate for the establishment of civilized, harmonious health-related relationships and promote effective prevention and treatment of medical disputes.

The treatment of health-related disputes should be guided by the principles of legality, justice, timeliness and accessibility.

Article 7. Municipal, district (communication, district) People's Conciliation Commission for Medical Disputes (hereinafter referred to as the Consultative Committee), which is responsible for the popular mediation of medical disputes in the present administration.

The Commission should establish a system and process for the mediation of good medical disputes.

The Commission's mediation of medical disputes is not charged.

Article 8 municipalities, districts (markets, zones) may organize medical institutions in this administrative area to establish a fund for mutual medical risk assistance as compensation for health-related disputes by medical institutions. Specific approaches to the payment, use and management of mutual assistance for medical risks are developed separately.

Medical institutions may choose to participate in the medical liability insurance or the medical risk assistance fund.

Chapter II Prevention

Article 9. Medical institutions should establish systems such as responsibility for the safety of medical care, quality control and evaluation, accountability for medical accidents and communication.

Medical institutions should conduct medical safety laws, regulations, regulations and training and medical ethics education for medical personnel, as well as for medical treatment, care regulation and medical ethics, and enhance the legal awareness and medical ethics of medical personnel.

Medical institutions should promote health safety laws, regulations, regulations and regulations to patients, including through advocacy columns, brochures or electronic media.

Article 10 Medical institutions should establish reception facilities with special (and) staff, receive counselling and complaints from patients, respond to and address related issues in a timely manner.

Responses and treatment of health-care institutions can be made to the health administration. When the health administration receives complaints, it should be processed in a timely manner in accordance with the relevant provisions and inform the parties of the outcome.

Article 11. Medical institutions and their medical personnel shall comply with the following provisions:

(i) A patient's statement, in compliance with medical treatment, reasonable medicines, and non-compliance with the norms of medical treatment for patients;

(ii) Disclosure and treatment measures to patients. (b) Inadequate information to patients and obtain written consent;

(iii) In emergency situations such as the rescue of life-threatening patients, access to patients or their close family opinions may be implemented immediately, with the approval of the medical agency heads or authorized heads;

(iv) In accordance with normative requirements, the writing and custody of the material of the disease; in response to the request of the patient, the material of the disease must not be concealed or denied by law, and must not be forged, altered or destroyed;

(v) Respect the right of patients to be informed and the right to privacy with regard to illness, diagnosis, treatment;

(vi) Pursuant to the provision for medical fees, a detailed project for public medical fees.

Article 12

(i) Coordinate medical treatment with medical personnel if they are to be presented to medical personnel;

(ii) Payment of medical expenses on time;

(iii) Observance of legal norms, regulations of medical institutions and public moral norms in order to maintain the medical order;

(iv) The expression of opinions and the resolution of disputes by means of lawful means, following a medical dispute.

Chapter III Disposal

Article 13 medical institutions should establish pre-emptions to deal with medical disputes and report back to the health administration and the local public safety authorities.

When a medical dispute arises, the medical body shall initiate a pre-disposition to a medical dispute and dispose of it in accordance with the following procedures:

(i) Take immediate and effective measures to avoid or mitigate damage to the physical health of patients and to prevent the expansion of damage;

(ii) To inform victims of ways and procedures for dealing with medical disputes, to respond to advice and questions from the victims and to lead them to resolve disputes in accordance with the law;

(iii) In the event of the presence of the health-related parties, in-kind storage and in-kind and related medical material;

(iv) Organizing expert meetings or discussions, and informing the victims of the views discussed or discussed;

(v) Deaths of patients within medical institutions and the immediate removal of the body to be too complete or to be processed in a timely manner. The health-related parties cannot determine the causes of death or object to the death, and carry out a mortem under the State Department's Medical Accident Control Regulations;

(vi) Cooperate with relevant departments and agencies in conducting investigations;

(vii) After the disposition of medical disputes, the results of the disposal are reported to the health administration in a timely manner.

In accordance with the treatment of pre-meditated cases by medical agencies, medical authorities report on medical disputes to the health administration and the public security authorities at the location, and following reports received from the health administration and the public safety authorities, guidance and coordination on the disposition of medical disputes should be provided, and, where necessary, dispatched to the field to direct medical patients to deal with medical disputes properly by law.

In one of the following cases, the public security authorities should organize the police force in a timely manner to go to the field:

(i) Concrete medical treatment, office spaces, in the medical institutions, in the form of gestures, puppets, or in the refusal to relocate the body to the cells or vincies;

(ii) Obstacles the legal profession, insults, defamation, threats, beatings or unlawfully restricts the liberty of medical personnel;

(iii) The wilful damage or theft of property, such as the equipment of the facility of the medical facility, or important material such as medical calendar, archives;

(iv) Violations of the safety of patients;

(v) Other serious implications for the medical order.

Article 17: The civilian police shall be disposed of in accordance with the following provisions:

(i) Undertake educational evacuations to end the outbreak and maintain a normal medical order;

(ii) The refusal of the patient to relocate the body to too-wife or to the premises should be actively aligned with medical institutions to relocate the body;

(iii) To deal with violations of the management of the law and to protect the physical, property security of the parties.

Chapter IV Consultations and mediation

When a medical dispute arises, medical institutions and patients may resolve through the following:

(i) The consultations of the medical patients themselves;

(ii) Request for mediation to the Commission;

(iii) Applications for medical accident disputes to the health administration;

(iv) To prosecute the People's Court;

(v) Other avenues provided for by law, regulations.

Article 19 was chosen to resolve medical disputes through consultation and conciliation, with the amount of less than $20,000, being consulted by medical patients on their own behalf; the amount of the claim was more than $20,000 or the amount of the claim was less than $20,000.

More than a million dollars of claims are to be identified for medical damage or for medical accidents.

Article 20 requires the parties to apply for mediation, and the Commission shall, within three working days of the date of receipt of requests for mediation of medical disputes, make the decision to admissibility. They are admissible and communicated to the parties in accordance with the conditions of admissibility.

The Commission may also be proactive in mediation, but the parties of the party expressly refuse mediation without mediation.

Article 21, in one of the following cases, is inadmissible by the Commission; mediation has been accepted and terminated:

(i) The prosecution of a party to the People's Court;

(ii) The party has applied to the health administration for medical accident disputes;

(iii) The party's refusal to mediate;

(iv) Other cases provided for by law, regulations.

Inadmissibility or termination of mediation, the parties should be notified in writing and justified.

Article 2 may be subject to conciliation by the parties or by a designated or a number of people mediators appointed by the Commission.

Mediation of medical disputes should be fully heard by the parties and, in accordance with the need to investigate, resolve disputes based on the identification of facts and responsibilities and facilitate parties' agreement on conciliation.

Article 23 shall be closed by conciliation within thirty days of the date of receipt of the request for mediation. Both medical patients agree to extend for a period of 30 days. The duration of mediation does not include time for medical damage identification or medical accident technical identification.

The delay in reaching a mediation agreement should be seen as mediation and should end mediation and inform the parties that they can deal with and resolve medical disputes in accordance with the law.

Article 24 provides that agreements shall be concluded in consultation with the parties concerned.

The Commission should prepare a letter of mediation agreement, as agreed by the Commission's mediation. The letter of mediation agreement was signed by the parties, the facilitators of the people, and the chapter was added. The parties believe it necessary to apply for judicial recognition to the People's Court.

The letter of mediation agreement is legally binding and the parties should be implemented in accordance with the agreement.

Article 25 People mediators need access to medical material or advice, enquiry, verification of information and circumstances to relevant units and personnel, and the relevant units and personnel shall be provided with collaboration and assistance.

Chapter V Legal responsibility

Article 26, in violation of the provisions of this approach, provides that the relevant laws, regulations and regulations have been addressed.

Article 27, which is one of the following violations of the management of the security sector, is punished by the public security authorities in accordance with the Law on the Safety and Security of the People's Republic of China; constitutes an offence and is held criminally by law:

(i) The burning of paper money in medical institutions, the building of ventilation, the trajectory, the violation of morgues and the accumulation of mortuaries;

(ii) Settle in the medical institutions;

(iii) The entry of illegal flammable, hazardous and controlled devices into medical institutions;

(iv) Intrusion, threat, intimidation, intentional harm or unlawful restrictions on the freedom of medical personnel;

(v) Be deliberately destroying or stealing public and private property within medical institutions;

(vi) Other acts that disrupt the normal order of medical institutions.

In violation of this approach, medical institutions and their medical personnel do not perform their duties in the prevention and treatment of health-related disputes or have legal rights and interests against the patient, are being rectified by the executive branch of health; in serious circumstances, they are treated in accordance with the law by the competent person directly responsible and by other persons directly responsible; they constitute a crime and are criminalized by law.

Article 29, in violation of this approach by the executive branch and its staff, provides that one of the following cases is disposed of by law by the competent organ; constitutes an offence punishable by law:

(i) After receiving reports on medical disputes and posting of police officers, no relevant disposal measures are taken in a timely manner;

(ii) In the prevention and treatment of health-related disputes, the illegal receipt of property or other interests;

(iii) In the course of consultations, mediation and treatment of medical victims, the breach of the provision of an express commitment to reparation or compensation;

(iv) Other acts of negligence, abuse of authority, favouring private fraud.

Article 33

Annex VI

Article 31 states of this approach, including patients, close relatives, guardians, agents and other persons entitled to represent patients.

Article 32