Several Considerations On The Perfection Of Legal System Of Technical Appraisal For Medical Accidents In Our Country

Recently medical dispute has aroused great concern among the people of all sections of society. It is also one of hotspot issues in the society. With the implementation of Regulation on the Handling of Medical Accidents promulgated by State council and Regulations on Evidence for Civil Cases promulgated by the Supreme Court of P.R.C, adjustment of law system on medical disputes has been set up preliminarily, which relieves disputes between doctors and patients to some extent. Technical appraisal is the core issue of medical accidents disputes. Current technical appraisal for medical accidents plays an important part in reconciling doctors and patients, but still has some weak points.The problems of current appraisal system in our country mainly exist in the following aspects : firstly , it is related to independence which includes independence of certifying agency, forensic expert witness's independence, aptitude and effective investigation of the responsibility. Secondly, the problems of appraisal procedure involving start of the medical accidents appraisal, acceptance and expenditure of appraisal and collection of true materials. Thirdly, the problems include indistinctness of the nature of the appraisal, disputes of evidence of the appraisal and lack of valid cross-examination of inspection of the appraisal report.To solve these problems needs to analyze and use the appraisal system of Continental Legal System and Anglo-American Legal System to get some enlightenment of our appraisal system. So we should know and analyze the operational procedure of the two law systems. By comparing and analyzing the merits and demerits of them, we can get the inspiration of our own system. First set up independent medical accidents appraisal institution. Second , establish independent medical accidents appraiser regulation. Third, perfect procedure of medical accidents appraisal and establish social center mode of medical accidents appraisal. Fourth, perfect the cross-examination system of medical accidents appraisal.