On The Perfection Of China's Medical Malpractice

The medical malpractices expertise is the key question in settlement of medical malpractices disputes,which is the important evidence for the dispute settlement between doctor and patient. It plays an important role in the lawsuit of medical malpractice, and is of the utmost significant to the benefit of both doctor and patient. It is also the key point whether the dispute of medical malpractices could be settled smoothly. But with further practice, and patient's strengthening the awareness to safeguard their rights, the number of lawsuit cases about medical treatment disputes are rose up gradually, and the conflicts of doctor-patient relationship are increasingly prominent. Therefore, the deficiencies that have to be solved come forth in our current system of medical malpractices expertise.The medical malpractices expertise is discussed systemically in comparative study method in the dissertation in order to arouse more attention and encourage practical solutions to the problems.In the first part of the dissertation, a description on the definition and function of the medical malpractices expertise are presented. On the basis of introducing our existing rules and regulations and operational situation on medical malpractices expertise, the operational mechanism and important role are summarized.In the next part, the deficiencies existing in our current medical malpractices expertise system are put forward. The following main issues are analyzed: expertise subject's lack of judicial knowledge and liability; empty of practicable standards and necessary supervision in the expertise procedures; expert conclusion's ambiguous legal status and single method.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 malpractices expertise system are put forward.The most remarkable features of the dissertation consist of:The first is the comparative method taken in the dissertation. 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 malpractices expertiseThe second is the positivism method taken in the dissertation. The medical malpractices expertise system is discussed not only theoretically but also in way of positivism. The legal system and relevant cases in Anglo-American law and civil law countries of different times are also reviewed in order to take out some principles scientifically.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 malpractices expertise system in our country is put forward.The last is the specific legislative proposals offered in the dissertation. With the intention to improve the legislation and practice of the medical malpractices expertise, the deficiencies are pointed out based on the study of positivism and comparison, and the specific legislative proposals are put forward in the dissertation.