Study On The Appraisal Of Traditional Chinese Medicine Lawsuit During The Republic Of China

ObjectiveThe identification of liability for medical damage or judicial appraisa is one of the important means to determine whether there is a fault in medical behavior and to deal with medical cases.It was a question to be debated since the Republic of China that whether TCM medical litigation should be referred to Traditional Chinese medicine or Western medicine.At present,there is no comprehensive and in-depth systematic research on the identification of Chinese medicine cases in the period of the Republic of China.This paper chooses the appraisal of Chinese medicine lawsuits in the Republic of China as the research object,and tries to sort out the basic context of the change of the appraisal institution of Chinese medicine lawsuits in the Republic of China based on the previous research and the collected literature,trying to sort out and summarize the cases of Chinese medicine lawsuits in the Republic of China,find out the basic characteristics of the cases in that period,and at the same time,target specific cases.To launch a detailed case analysis,a more comprehensive display of the Republic of China period of Chinese medicine litigation identification institutionalization process in order to provide a reference for the establishment of the judicial authentication system of TCM Medical Damage.MethodThis paper mainly uses the literature method.Through the databases of CNKI,Wanfang,VIP Chinese Science and Technology,Social Journals and other databases,we collect the literature on the research literature on Chinese medicine disputes in the Republic of China period for nearly 10 years.At the same time,in order to obtain more first-hand information,to "Chinese medicine identification","medical disputes","poor doctor killing" as the key words,search the "declaration database" and the Shanghai Library developed the "National Newspaper Index" in the "Republic of China period periodical full-text database." Collect 8 reference books through schoollibraries and reference guides.Using statistics to summarize the materials,the whole and case studies were used to analyze 35 cases of Chinese medicine and 1 case of identification of the Central National Medical Museum.ResultThrough the combing of relevant literatures during the Republic of China,it was concluded that during the period of the Republic of China,the identification of Chinese medicine cases was initiated by the original Chinese medicine practitioners who were passively involved in the identification of Chinese medicine cases,and in order to seek peer identification,practice,establish a standing identification organization of Chinese medicine,and formulate regulations.Seek recognition from all walks of life and actively explore the difficult issues in the identification of Chinese medicine cases.ConclusionThe establishment of the identification system of Chinese medicine lawsuit in the period of the Republic of China improved the Medical service environment of TCM at that time and maintained the common interests of doctors and patients.From the institutional level to limit the principal subject,to avoid the patient's malicious identification.It provides reference for the establishment of the judicial appraisal system for TCM medical damage in accordance with the law,the implementation of the TCM Law,the establishment of an expert database for TCM identification,and the improvement of the TCM standard system.