On The Nature Of The Behavior Of The Chinese Medical Malpractice And V,

In recent years, with the progressive improvement of Chinesemedical market, medical disputes are on the rise, which has become thefocus that people pay attention to. The most core link is the incident ofmalpractice technical appraisal, and the written plays a key role injudging right or wrong. Therefore, the incident of malpractice technicalappraisal has become the hot topic which the people cared about.As we can see that The Articles to Handle Medical Accidents in2002 is relatively superior to The ways to Handle Medical Accident in1987, but it still has many problems to Solve. Specially The Articles toHandle Medical Accidents-stipulate that the litigant who refuses to acceptto the written can apply-the higher authority medical society to appraiseonce more, and there isn't another relief way.There are a lot of disputes about the character and the feasibility ofan appeal of medical malpractice technical appraisal in the academic andpractical circle. Author's viewpoint is: According to current legal rule ofour country and the actual operation of the incident of malpracticetechnical appraisal, the incident of malpractice technical appraisalbehavior conforms to the constitution administrative action, and isadministrative confirmation behavior of the concrete administrativeaction. The litigant is supposed to be allow to file the refuses to accept tothe written to be supposed to allow to file the administrative proceedingsif he refuses-to accept to the written. The reason is: first. the medicalsociety is the organization which is authorized by the administrative rulesand regulations, and it has qualifications of the administrative main body;Second, the power of the medical society belongs to the nationaladministrative authority; Finally, the conclusion of the incident ofmalpractice technical appraisal conclusion directly affects thelitigant's rights and obligations. Because the incident of direct influenceto the litigant relations. Because the incident of malpractice appraisal hasspecialization, the technical nature and specificity, the reconsider shouldbe mentioned before the administrative proceedings. If the administrativerelative person still refuses to accept the result of the administrative reconsider, he could file the result to the administrative proceedings.According to the rule of the generally Presenting evidence inthe administrative proceedings, the defendant namely the medicalsociety should undertake main responsibility of presenting evidence totestify its written's validity. It is propitious to maintain administrativerelative person's legitimate rights and interests, and to manifests thejudicature. At the same time, as the incident of malpractice technicalappraisal behavior has the strong specialization, the technical nature, thecourt should adopt the principle of limited examination when the courtexamines it.