On The Perfection Of The Judicial Appraisal System Of Medical Injury In China

With the advent of "we media" era,more and more medical disputes have come into people's vision and become the focus of social attention.Medical science is a complex subject,and identification is one of the most important steps to solve the problem of medical disputes.How to objectively,impartially and professionally identify the facts of medical injury becomes a stepping stone to solve medical dispute cases.At present,there is still a "double-track" parallel medical damage judicial expertise model in practice in China,and the phenomenon of inconsistent identification standards and repeated identification is relatively common.At the same time,there are also some unclear phenomena in the legislation and practice of the access mechanism of appraisers and the accountability system of appraisers.Based on this,this paper USES the methods of literature research and comparative analysis,the current problems existing in the judicial appraisal system of medical damage is analyzed,in view of the current medical damage the concrete problems of the judicial identification system,combined with the advanced experience of other countries and regions on this put forward a series of perfect recommendations.In addition to the introduction and conclusion,this paper mainly consists of four parts:The first part mainly studies the theoretical problems of judicial expertise of medical injury.Judicial appraisal of medical injury of defining the concept and characteristics,compares the medical damage the concept of judicial authentication and the concept of technical appraisal for medical accidents,at the same time,summarized the main content of medical damage judicial authentication system,"normalize" judicial authentication mode for later study the existing problems and puts forward corresponding Suggestions to provide theoretical support.The second part is an objective analysis of the problems existing in the judicial expertise system of medical injury in China.At present,the "duality" of medical damage the judicial authentication mode is more chaotic,practice,two kinds of appraisal model,appraisal standard is not unified and repeated phenomenon is relatively common,at the same time,do not have a unified identification document format and content access mechanism of non-standard,expert witnesses and expert witnesses the responsibility system of regulation does not reach the designated position and the phenomenon of the legislative blank.The third part mainly introduces the extraterritorial judicial expertise system of medical injury.This paper expounds the advanced experience of the system of medical damage judicial expertise in civil law countries and common law countries,studies the advantages of the system of medical damage judicial expertise in civil law countries and common law countries,and constructs a system of medical damage judicial expertise that conforms to the socialism with Chinese characteristics according to the basic national conditions of China.The fourth part is mainly to improve our country's medical damage judicial expertise system to put forward some feasible Suggestions.First,the establishment of a unified medical damage judicial expertise model;Secondly,the supervision system of medical injury judicial expertise institutions should be systematically improved,and strict access mechanism and fault investigation mechanism for judicial expertise personnel should be established.Finally,standardize the format and content of appraisal documents,define the scope of appraisal,and establish differentiated judicial appraisal standards under the premise of uniform standards.