With the constant development of medical system in our country, and the matching ofmedical damage appraisal system has been improved and perfected. In1987the statecouncil promulgated and implemented a "medical accident treatment method"(hereinafter referred to as the "method"), marked the our country establishes onmedical dispute appraisal system, the system determines the when dealing withmedical disputes damage to the health administrative department to make the medicalaccident appraisal as the only basis, but its administrative system identification modelhas serious industry protection color, and more and more cannot satisfy the actualneeds. In order to solve the conflicts and pressure, the methods, in2002, the statecouncil promulgated and implemented the regulations on the medical accidenttreatment (hereinafter referred to as the regulations), due to the insufficiency of theregulations, the judicial practice in medical damage appraisal by a "medicalaccidents", divided into and forensic judicial appraisal of technical appraisal formedical accidents, and thus formed the "dual system" appraisal model. In the currentmedical accident technical appraisal and forensic judicial authentication "dualsystem" on the basis of the appraisal pattern coexistence. New chapter7of the tortliability act provisions on medical damage is solved the previous and current medicaldamage of many legal problems, but because for substantive law, the tort liability lawbelongs to the category of private law, belongs to the category of private law, couldnot be started for identification and appraisal pattern choice provisions relating topublic law issue, therefore, the tort liability act was not used in dealing with medicaldispute appraisal way to make that clear. The tort liability law has been implementedfor three years, the relevant judicial explanation has yet to come, to solve medicaldisputes in China’s "dual system" appraisal pattern has not changed, and will continueto exist in certain period, it is not only to the doctor-patient trust, appraisal practiceand judicial practice has brought unprecedented difficulties and challenges, also makethe doctor-patient conflicts intensified, not conducive to solve doctor-patient dispute.This article through to the evolution of medical damage appraisal related system inour country, application, comparison to analyze the current medical damage appraisalsystem in the existing problems in the judicial practice, based on this, advancesreconstruction countermeasures of medical damage appraisal system in our country, inorder to better solve the doctor-patient contradiction, maintenance of medical orderand promote the harmonious development of society.This article is divided into four chapters. First chapter from the historicalevolution of medical damage appraisal system in our country, analyzes the medicaldamage appraisal system in the medical accident treatment measures,"byelaw ofmedical accident treatment", to the tort liability law promulgated after thecharacteristics and development of various periods; The second chapter, through theanalysis on various periods of medical damage appraisal system in China, summarizesthe current medical damage appraisal system in the existing problems in the judicialpractice; The third chapter although medical damage appraisal system in China hasmany problems in the judicial practice, but in practice the consensus also has the reference significance; The fourth chapter in the medical damage appraisal system inthe judicial practice in China the problems existing in the analysis and the reference tothe basic consensus in the judicial practice, puts forward some measures forreconstruction of medical damage appraisal system in our country. |