Download legal education papers 1
On Legal Education of Medical Disputes
First of all, the legal problems faced by medical care today
1. 1 The doctor-patient relationship is becoming increasingly tense.
As we all know, the main duty of a doctor is to cure diseases and save lives. However, due to the strong professionalism and complexity of medical science, the consequences of doctors' practice directly point to patients' lives. Doctors and patients usually have different understandings of medical results and focus on the causes of adverse consequences, so this industry has high risks. In recent years, the relationship between doctors and patients has become increasingly tense, and the contradiction between doctors and patients has intensified. From Dr. Xu of Tongren Hospital being chopped, the intern of Harbin Medical University being killed with a knife, to the doctor's blood-sprinkling clinic in Wenling, Zhejiang Province, a large number of injuries and killings have occurred. However, after every tragedy, doctors are angry and sad, while groups other than doctors pay little attention to it, let alone sympathize with it. These bloody facts make many parents and medical students start to think about the personal safety of medical work, and even consider changing majors.
1.2 medical disputes have become the focus of social attention.
Medical disputes are rising year by year, which has become a hot spot of social concern. Specifically, there are many medical complaints, many requests for medical technical appraisal and disability appraisal, many requests for huge compensation from hospitals, many losses from hospitals, more participation of news media, more difficulties in dispute resolution, and increasing social impact. At present, China's laws and regulations related to medical care are not perfect, because medical care is a professional behavior, so once a medical dispute occurs, the requirement is to reverse the proof. Hospitals and doctors must prove that disability or death has nothing to do with routine medical care. When some patients or their families don't understand the medical process and results, or the high compensation can't be satisfied, they complain to the health administrative department and the judicial department many times, frequently gather people to make trouble, beat and scold medical staff, smash hospital property, and even hire professional doctors to escalate the problem. Some media lack medical knowledge, blindly speculate and add fuel to the fire, further expanding the social impact of medical disputes.
1.3 doctors lack legal knowledge
The existing medical training system pays more attention to the teaching of medical professional knowledge and skills, and often ignores the popularization of medical students' legal knowledge. Some medical staff are even less aware of the law and lack the minimum awareness of self-protection. For example, when recording medical records, may he exist as a medical staff? Incomplete records? Isn't this kind of situation simple at the legal level? Incomplete records? And be regarded as? Incomplete evidence? It will often directly lead to the loss of medical litigation and the unfair treatment of medical staff. Some medical staff did not fully understand the patients' right to know and consent, failed to fulfill their obligation of medical notification before operation or medical operation, or used inappropriate words to make patients fully understand the risks of operation and the existence of postoperative complications. It often leads some patients to mistakenly think that everything will be fine after the operation. Once postoperative complications or other reasons lead to patients' death or poor prognosis, they will be angry at hospitals or doctors and cause disputes. In addition, some doctors ignore patients' right to privacy and choice, and when teaching clinical interns and interns, they use interns beyond the scope or let them handle patients alone without full communication and consent, resulting in medical disputes.
1.4 medical system and medical status quo
Difficult and expensive medical treatment has always been the complaint of ordinary people. At present, our medical resources are unevenly distributed, and relatively high-quality medical resources are concentrated in big cities and lacking in remote areas, which leads to overcrowding in hospitals above 3A and hospitals below 3A, making it difficult for people to seek medical treatment. Medical reform marketizes medical care and requires hospitals to be self-financing. It does not rule out that some hospitals have excessive medical care and increase the burden on patients. And then what? Take medicine to support the doctor? Such unreasonable systems can't be cracked, which makes doctors become the specific objects facing contradictions and suffering more harm. The marketization of medical care also makes people think that the medical process, like daily consumption, often ignores the professionalism of the medical process and solves medical problems according to their own wishes. When the medical consequences can't meet their own wishes, they are angry with doctors, which invisibly antagonizes the relationship between doctors and patients, leading to frequent injuries to doctors and even killings.
1.5 public opinion added fuel to the fire.
In recent years, some news media regard medical disputes as social news hotspots without knowing the truth of medical facts, and report them with endless articles. Moreover, some reports exaggerate the dark side of the hospital, such as unreasonable charges, accepting red envelopes and poor service attitude. However, the efforts of medical staff to heal the wounded and rescue the dying are selectively ignored, which is easy to mislead patients and associate them with the troubles of the hospital when they encounter problems they don't understand in the treatment process, thus damaging the reputation of the hospital and doctors, pushing the doctors and hospitals involved to the forefront of public opinion and affecting the reasonable resolution of the incident according to law.
Second, ways to strengthen medical students' legal knowledge learning
2. 1 Understand the significance of legal knowledge education
A survey shows that medical students don't understand laws and regulations at present, and they lack the initiative to learn laws and regulations. They think that as long as it is not illegal, there is no need to learn legal knowledge, and even think that there are too many professional courses to study. While the legal awareness of the whole people is enhanced, doctors engaged in high-risk medical industries should also enhance their legal awareness. As future doctors, medical students should realize that learning medical related legal knowledge is as important as learning medical professional knowledge, and it is an important link of all-round quality education. All medical teaching and scientific research we are engaged in should be carried out within the scope prescribed by law. Teachers and students should learn, understand, use and abide by the law, enhance the concept of legal system and act according to law.
2.2 Improve training programs and increase medical-related legal courses.
At present, the training scheme of medical students focuses on the study of medical professional knowledge, while ignoring the study of professional quality and regulations. However, in the development of medical science, there are many medical work, such as euthanasia, brain death, organ transplantation, IVF, genetic engineering and so on. This is not a simple medical incident, but involves a lot of legal and ethical knowledge. Most clinical medicine majors in medical colleges don't offer specialized courses on medical-related laws, but only preventive medicine majors in our school have 16 hours of elective courses to study health law. So it can be said that the study of medical related laws is a blank in colleges and universities at present. We need to start with the training program and increase the courses of relevant laws. Only by working together can we cultivate medical students who know both medicine and law, and they will not be at a loss when they encounter medical activities involving legal issues.
2.3 Correct the attitude of teachers and students towards teaching and learning.
Due to the long-term exam-oriented education, teachers and students in colleges and universities have insufficient understanding of the importance of imparting and learning medical-related legal knowledge that is not included in the teaching and training plan. Because of the particularity of medicine, the task of learning only medical professional knowledge is more arduous and arduous than other majors, so most students pay attention to the study of professional knowledge and ignore the study of legal knowledge closely related to the whole medical industry and individuals. Correcting the attitude of teaching methods and studying relevant legal knowledge seriously will help to change the current situation of tense doctor-patient relationship, sharp contradictions and numerous medical disputes, and also help to safeguard the legitimate rights and interests of medical staff in medical work and avoid being hurt.
2.4 Change teaching methods and integrate legal education into specialized courses.
In the process of promoting medical students to strengthen legal knowledge, it is a good choice to change the traditional teaching method of teaching only medical professional knowledge, adopt practical cases with great social influence, and popularize legal knowledge while learning medical knowledge. For example, when we talk about silicosis, we choose Kaifeng Zhang Haifeng? Open the chest for lung examination? This case has a great social impact. Students are interested in understanding the medical knowledge of the incident from a professional point of view, as well as the relevant legal knowledge. In the process of learning, they understand that from the patient's point of view, this is safeguarding rights, but for the staff of the occupational disease prevention and treatment institute, this is dereliction of duty and a crime. Incorporating legal knowledge into the learning process of specific professional knowledge will gradually enhance the legal awareness of medical students over time.
2.5 Hold lectures on legal knowledge.
In colleges and universities that do not have the conditions to offer medical-related legal courses, social cases with frequent medical disputes can be used to invite legal professionals inside and outside the school to give lectures on legal knowledge for medical students. At present, no-fault medical disputes are increasing day by day. The main reason is the asymmetry of medical knowledge between doctors and patients, which leads to different understanding of medical activities and consequences For example, most patients and their families are equivalent to the success of surgery and the recovery of patients. However, they are completely different concepts in medicine. If the doctor didn't inform and explain it well, then the medical tumor operation was successful, but the patients and their families thought it was cured. Once the tumor metastasizes or recurs, it will be blamed on the doctor, who thinks that there is a medical mistake, leading to medical disputes.
Third, the conclusion
At present, the legal problems faced by employees in the whole medical and related industries are increasingly prominent, and the contradiction between doctors and patients is increasingly acute. As medical students, strengthening the study of legal knowledge and improving their own quality will not only help to gradually improve the current contradictions, but also help to protect their equal and legitimate rights and interests as citizens in conflicts. The transformation of the antagonistic relationship between doctors and patients in the whole society requires the joint efforts of the system, doctors, patients and all walks of life.
Download of legal education papers II
On the legal clinic education of medical law specialty
Introducing legal clinic education into medical legal practice teaching can cultivate the practical ability of teachers and students, promote the formation of students' professional quality and enhance the ability of medical legal talents to adapt to society. When introducing legal clinic education, universities offering medical law specialty should aim at the present situation of our country. Dafa? To the problems existing in legal clinic education, we should give certain policy inclination and protection in terms of institutions, funds, teachers, systems and case sources.
Keywords: medical legal practice legal clinic
First, the development status of legal clinic education in China
Legal clinic education originated in the United States in the early 20th century, rose in the 1960s and 1970s, and was introduced to China in 2000. By the end of 20 1 1, 144 universities had introduced clinical legal education. Legal clinic education is a successful reform of traditional law education in China, and has achieved certain achievements and experience, especially in improving the practical ability and practical ability of law students. However, there are still many difficulties and problems in the current legal clinic education in China, mainly in the following aspects:
First, the lack of relevant laws and regulations leads to the uncertainty of the main position of clinics and students. After legal clinic education was introduced into China, it was combined with legal aid, and its main job was to provide legal aid to the socially disadvantaged groups. The legal clinic established in colleges and universities is only a non-governmental organization, which lacks legal support and guarantee, and the identity and status of students in legal aid work is also difficult to be clear, which further affects the trust and support of society for legal clinics.
Second, there is insufficient funds. On the one hand, the school itself has limited financial support for education, on the other hand, because the cases are basically legal aid cases, there is no agency fee income.
Third, the source of the case is insufficient. The legal clinics set up in colleges and universities are highly professional and have limited assistance targets; Moreover, all social strata, especially the parties, do not understand and trust this new thing, so the number of legal aid cases is very limited, which can not meet the actual needs of students.
Fourth, the curriculum is not clear. Because students are required to have certain legal knowledge, law schools offering legal clinic courses in China generally regard this course as an elective course for juniors and postgraduates. However, senior students have great employment pressure and heavy learning tasks. At present, colleges and universities have not reached an agreement on how to set up courses reasonably and achieve the expected purpose, and there is no overall planning and clear arrangement for the implementation of courses.
Fifth, the evaluation system is unknown. As a new thing, the practice teaching in law clinic has the characteristics of many links, long cycle, strong dispersion and poor controllability. How to evaluate its teaching achievements and how to ensure its teaching quality, there is still a lack of a perfect teaching quality evaluation system, such as teaching management system, teaching evaluation standards and quality monitoring system.
Second, the significance of introducing legal clinic education into medical law specialty
(A) to cultivate students' practical ability
Colleges offering medical law majors have different training objectives, but the goal of training compound, applied and innovative talents for the society is the same. These characteristics require medical legal talents to have strong practical ability in order to better serve the society.
In the legal clinic, under the guidance of the clinic teachers, students use legal knowledge to solve medical disputes or other medical cases by contacting real parties and handling real cases, and gradually learn the steps, skills and methods of handling medical cases, and deepen their understanding and mastery of practical skills on the basis of existing theoretical knowledge, so that teaching and learning can achieve organic unity. In the process of practical teaching, it can cultivate students' ability to solve problems independently and coordinate with others, and also enhance students' self-confidence in training and actual combat at this stage, so that students can quickly enter the society after graduation.
(B) to cultivate students' professional quality
By actively participating in practice, students can understand the teaching objectives of this major and the requirements of society for talents, deepen their understanding of this major, correctly position themselves, and urge students to plan their careers reasonably in practical activities and understand their knowledge structure? Short board? Let students improve their knowledge system. At the same time, through practical activities such as helping clients to solve practical problems, students can have a certain understanding of society, feel the social responsibility they should shoulder as legal workers and the hope and sustenance of society for legal workers under the guidance of clinic teachers, so as to cultivate their firm legal beliefs, ideals and professional ethics, and cultivate their excellent professional quality.
(C) conducive to the cultivation of double-qualified teachers
Teachers majoring in medical law have higher requirements than teachers majoring in pure law, that is, they should have dual thinking of arts and sciences, dual backgrounds of medicine and law, and dual abilities of theory and practice. But in reality, such compound talents are relatively scarce. Legal clinic education can not only fully mobilize students' enthusiasm and initiative in learning, but also help teachers to cultivate and improve students' practical ability, scientific research ability and learning ability while guiding students to practice and participate in legal practice, so as to realize the docking of theory and practice and become a teacher who can both engage in theoretical teaching and guide students' practice? Double-qualified? Researchers.
Three, the medical law professional implementation of legal clinic education related premise and guarantee.
Institutional protection
The practical activities of college students can not be separated from the practical activities environment. To carry out legal clinic education, colleges and universities with medical and legal majors should be set up first? Law clinic? Strengthen the investment in experimental facilities and create good conditions for students' practical activities. According to the domestic? Dafa? Regarding the establishment of legal clinics, legal clinics are mainly non-governmental legal aid centers, and their legal status, functions and roles are not guaranteed by law. Therefore, the author suggests that colleges and universities should strive for the support of the local government and set up certain university workstations with the approval of the government, so as to truly realize the teaching purpose of students leaving school and serving the society. At the same time, colleges and universities should make full use of the resources of existing practice bases (such as courts, procuratorates and judicial institutions). ), and carry out clinical legal practice activities by leading full-time law teachers to participate in and guide students' practice, so that students can systematically understand judicial activities in the whole process. Finally, the author suggests that qualified universities can strive to establish judicial expertise institutions. Students majoring in medical law participate in forensic identification activities in our department. On the one hand, they participate in medical appraisal under the guidance of appraisal experts and enhance their medical practice knowledge; On the other hand, under the guidance of law teachers, discuss and solve medical cases and laws involved in appraisal, learn legal professional skills and improve legal practice ability, so as to achieve the teaching purpose of legal clinic.
(2) Financial guarantee
As the target of legal aid services is mainly vulnerable groups, legal aid institutions basically have no conditions to generate income. Therefore, on the one hand, the school should increase the educational funding support for legal aid institutions and set up special funds for the practical teaching of medical law students; On the other hand, legal aid institutions should strive for financial support from local governments and obtain funds through horizontal cooperation with off-campus legal aid institutions; At the same time, because legal aid is public welfare, legal aid institutions can also strive for social donations. If there is a judicial authentication institution in colleges and universities, colleges and universities should increase investment in this institution and improve facilities and equipment, which not only ensures the smooth implementation of the practical teaching mode of judicial authentication in colleges and universities, but also ensures the scientific, fair and authoritative conclusion of authentication. Of course, our forensic appraisal institutions should also strive for economic benefits on the premise of producing good social benefits, give financial incentives to teachers who undertake both appraisal and practical guidance, and support the smooth implementation of legal clinic education.
(c) Protection of teachers
In the clinical legal practice teaching with students as the main body, teachers are no longer the absolute main body in traditional legal education, but only act as assistants, guides, resource providers, coordinators and supervisors, and need to systematically and comprehensively understand the cases and guide students throughout. Although full-time law teachers majoring in medical law in colleges and universities can serve as tutors of legal aid, their time and energy are limited, which easily makes the guidance effect greatly reduced. Therefore, the author suggests that retired judges and prosecutors can be employed as part-time practice guidance teachers to participate in the guidance, which can not only ensure the realization of full-time and systematic guidance, but also ensure the quality of practice guidance, and at the same time improve the practical ability of full-time law teachers through exchanges and cooperation. The practice instructor can be a forensic expert, but just like the full-time law teacher in our school, our school is both a teacher and an expert with a high level of appraiser, but it is unstable, and the teaching and scientific research tasks are increasingly heavy, which will not only affect the business expansion and development scale of forensic expertise, but also make the judicial practice guidance work a mere formality. Therefore, the school should actively strive for the interests of appraisers, mobilize their enthusiasm for work, and at the same time attract high-level talents with high moral character and excellent business to work in judicial appraisal institutions in colleges and universities, and take the road of parallel full-time appraisers and part-time appraisers to ensure the smooth development and effectiveness of our judicial appraisal practice teaching model.
(4) system guarantee
The first is the institutional guarantee at the school level. Schools should incorporate clinical legal teaching as a practical education course into the teaching plan, run through the whole process of talent training, formulate flexible syllabus and modular teaching content, and adopt comprehensive evaluation methods such as self-evaluation, mutual evaluation of students, evaluation of teachers and evaluation of customers according to the teaching objectives to form a systematic training plan. At the same time, on the basis of strengthening the standardized management of practical links, schools should treat practical teaching and theoretical teaching equally in terms of professional title evaluation and workload accounting, so as to promote teachers' enthusiasm.
Second, the inherent institutional guarantee of the established system. The workstation of a university in the Legal Aid Center and the judicial authentication institution should formulate a series of rules and regulations, such as the system of closing the case, financial management, training and exchange, document and file management, case collective discussion, democratic management, legal service quality management, confidentiality, avoidance, and supervision and assessment, so as to ensure the smooth implementation and development of the management norms of the university and the legal practice of students.
(5) Protecting the source of the case
Real cases are the main teaching resources of legal clinic education. Therefore, both legal aid centers and judicial expertise institutions need to broaden the source of cases through various means. On the one hand, legal clinics can publicize legal clinics by answering questions online, consulting by telephone, setting up consultation points in hospitals, providing consulting services in communities, etc., and strive for clients to come to the door; On the other hand, it is necessary to strengthen contact with courts, procuratorates, public security organs, law firms, women's federations, health administrative departments, labor inspection institutions, labor dispute arbitration institutions, other legal aid institutions and other relevant departments, strive for their strong support, strive for sufficient sources of cases, and provide legal services to parties in need.
References:
[1] Ma, Ruan Miner. Clinic style? Practical research on legal education ―― Taking the legal clinic of Xingzhi College of Zhejiang Normal University as an example. Youth and society. 20 12 (2).
[2] Xiong, Tang Xiaohe. Value pursuit and localization practice. Journal of Shenyang Normal University (Social Science Edition) .2005 (3).
[3] Hu Liping, Jing Qiang, Xu Bingying, et al. Laboratory accreditation of judicial authentication institutions in colleges and universities and the construction of standardized teaching system of forensic material evidence. China Science and Education Innovation Guide .2004 (4).
[4] Wu Yi. Probe into the guidance methods of teachers in law clinics. University degree. 20 13 (1).
[5] Jin Xin. Present situation and future of judicial expertise institutions in colleges and universities. Legal system and society. 20 10 (30).
[6] Xiong, Tang Xiaohe. Value pursuit and localization practice. Journal of Shenyang Normal University (Social Science Edition) .2005 (3).
[7] Zheng Xiaojing. Orientation and development of law clinic ―― Taking the law clinic of Southwest University of Political Science and Law as an example. Rule of law forum.
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