Theory Of The Conflict And Solution Of Medical Damage Appraisal System In Our Country

As time goes by, people’s legal awareness has been strengthened since significant achievements are made during the process of the rule by law in China. More concern are showed on disputes between doctors and patients and medical malpractice. Therefore, more and more attention are paid on medical law, which is treated as an important legal system to adjust the legal relationship between doctors and patients. Its main purpose is to balance the vulnerable groups and to promote the development of medical research. Currently, how to properly resolve medical appraisal causes widespread concern in the field of justice and the community. However, the protruding judicial contradictions in medical appraisal cases are the diversity of medical damage appraisal. In this paper, the author analysis the medical damage appraisal system from the perspective of the litigation practice and civil evidence theory. From comparison, all aspects of the contradiction are analyzed, and then forward a solution, making the technical appraisal results of medical accidents become scientific and reasonable facts as the basis in the process of trial. The paper discusses the nature of medical damage appraisal. The subjective and objective reasons of conflicts in the current appraisal system is analyzed based on the medical accident technical appraisal system of medical association and forensic judicial identification system, thus giving a systematic discussion on building a settlement and coordination mechanism.This paper consists of three parts, and the second and third part is the key chapter.The first part elaborated the meaning and characteristics of medical damage appraisal from the perspective of the basic concepts of medical accident, thus discussing on medical damage appraisal system of two kinds of settings and their defects. The core problem of this paper, therefore, has been exposed, namely the conflict of diversity of medical damage appraisal. Then it diversified causes of conflict are analyzed subjectively and objectively.The second part starts from practice case, then present two effects of diversified appraisal conflict, namely the impacts of choosing the kinds of problems and the conclusion applying to problems. As a result, a detailed analysis is made on the troublesome problems caused by diversification of medical damage appraisal in the judicial practices, thus give an essential analysis on the necessity of the solution of diversified medical damage appraisal.The third part mainly discusses how to solve the diversified conflicts of the system of medical damage appraisal. The author mainly discusses the problems from four aspects. Primary methods of resolving diversified conflicts are further enhancing the system of identification and reasonable selection of conflicting appraisal conclusion. They can effectively avoid unclear case facts in the judicial practices. Meanwhile, combined with the background of harmonious society, including harmonious relation between doctors and patients, the author also presents that we should build a reasonable coordination mechanism and establish and improve the system of medical damage insurance under the current system.