Research On The Subject System Of Medical Damage Identification

Based on the principle of neutrality, combined with related knowledge of jurisprudence, comparative law and procedural law, and through research and comparative analysis of the domestic and foreign relevant legal systems, the relations between these systems and the principle of neutrality, and China’s national conditions, the author aims to launch a research on the system of appraisal subject of medical malpractice authentication and put forward some related constructive suggestions. This paper consists of three chapters. Apart from the introductory paragraph, it begins the first chapter with current situation of China’s medical malpractice authentication, including a brief introduction of related legal sources, and deep analysis of the system of appraisal subject of medical malpractice authentication, and the content and significance of the principle of neutrality in the system of appraisal subject. The second chapter conducts research on related system of the common law and continental law countries, including expert-witness system and judicial expert-witness system, attempts to appraise them in the perspective of neutrality principle and to find some inspired lessons on the basis of comparative inductive summary. The third chapter presents some inadequacies of China’s medical malpractice authentication in the perspective of neutrality principle, and proposes reasonable suggestions for the improvement of the system of appraisal subject, especially in the neutrality of appraisal subject.