A Study On The Legal System Of Medical Responsibility Verification

Currently,medical dispute is a hot-button issue in china. According to the situation , reasonable solutions to this problem must rely on establishment of a perfect medical responsibility verification mechanism for medical disputes. Objective of thesis is to explore a perfect medical responsibility verification legal system.In the first part of the dissertation, the deficiencies existing in our current medical responsibility verification mechanism are put forward,that is to say. the phenomenon of coexistence in technical appraisement of malpractice and judicial expertise and the phenomenon of conflict in medieal aceident expert conclusion. The following reason are analyzed: the conception of technical appraisement of malpractice and judicial expertise is not specific in legislation ,the practise in justice is dualism,the preference choice of hospital and patient,the logical thinking difference .In the next part,the thesis is to analyze the defects of the current of the system of the medcial accidents evaluation and medical jurisprudence evualation in force deeply. Subsequently, Compare the differences of legal systems in ancient time and modern society,in China and foreign countries,and probe the track and features of development of the medical responsibility verification mechanism.In the last part of the dissertation,a new legislation proposal is envisaged based on the situation and demand of China with the successful legislative experiences of other jurisdictions for reference; corresponding countermeasures for the deficiencies of our medical responsibility verification mechanism are put forward.The most remarkable features of the dissertation consist of:The first is the positivism method taken in the dissertation. The medical expertise system is discussed not only theoretically but also in way of positivism. On the basis of introducing our existing rules and regulations and operational situation on medical malpractices expertise,the operational mechanism are summarized and the reasons are analyzed. The second is the comparative method taken in the dissertation. Compare the differences of legal systems in China and foreign countries,and probe the track and features of development of the medical expertise.The third also points out the drawbacks of current medical malpractice expertise sysytem in our country.After introducing the medical malpractices expertise system in foreign countries,the importance of learning lessons from their expertise system reform is discussed,the suggestin of how to improve the medical expertise system in our country is put forward.