Medical Malpractice System

In recent years, the number of the medical accidents increased year by year, and the number of compensation lawsuits on medical accidents grows. As the highly professional technology of the medical industry, it is difficult for the judge to cognize the responsibility of the medical deeds while facing such lawsuits. Therefore, the appraisal of the medical accidents is the most important evidence in clarifying the responsibility, which holds the balance in such lawsuits. Because of the specialty of the medical industry, the problem of self-protectionism has been a very tough problem in the appraisal of the medical accidents for a long time, which affecting the public confidence in the results of the appraisal of the medical accidents, making people doubt the scientism ,objectivity and the justness of the appraisal system.In February, 2002, the Council issued the Regulation on the Handling of Medical Accidents, and in the same year, the Sanitary Department issued the Interim Measures of Appraisal of the Medical Accidents, the grade standard of Medical Accidents and so on. all these regulations made real reforms to the appraisal system of medical accidents issued in the Regulation on the Handling of Medical Accidents ,,1987, in order to assure the objectivity and the justness of the appraisal. But in judicial practice, the current appraisal system of medical accidents is still hard to link up with the national civil action system. Especially the issuing of Decision on the Justice Appraisal Problems by the Standing Committee of the National People's Congress on Amending the Audit Law of the People's Republic of China on 8th, February 2005 makes great influence to the appraisal system of the medical accidents.This article analyzes the appraisal system of the medical systems from the point of the procedure law, and the conflicts and contrary of the two. Furthermore, the author puts forward some solutions and suggestions of how to solving the problem, making it links to with the civil procedureThis article is composed of three parts: the preface, the text and the conclusion. And the text is divided into four chapters.The first chapter summarizes the appraisal system of the medical accidents from...