The Study On Dualistic Model Of Medical Identification In China

With the social development,medical and healthy issue progress,medical disputebecome the focus in china.according to the improvement of law and people’s juralconsciousness, medical dispute litigation increase.Before the publishment of the TortLaw,the reason,compensation and identification are dualistic.It is bad for medicaldispute litigation.The dualistic issue of reason and compensation is end because of thepublishment of the Tort Law.But the identification is also dualistic.The currentmedical identification is not suitable for medical dispute litigation and the purpose ofthe Tort Law.So it is necessary to study the current medical identification and find thesolutions.Document study method,case study method,academic and practical combinedmethod and comparative method are taken in the thesis.Except of introduction andconclusion,the thesis has four parts.Medical malpractice identification and medicalfault judicial identification are presented.The reasons of two models becoming aresummarized.The challenges of the current medical identification are stated.In the baseof these,the thesis put forward the necessary,basic principles and measures ofchanging the current medical identification.Through studying two models of medical identification, it is necessary to changebecause of the evidence nature of identification suggestion and the publishment of theTort Law.In the base of summarizing the achievements and the guidances of jiangsuand shanghai,the thesis states the basic principles and measures.These measuresinvolve:the identification organization established neurally,medical fault andrelationship between cause and effect identified,identification procedure,content anddocument improved, attestation of identification position paper improved.Changing the current medical identification is order to satisfy the demands ofmedical dispute litigation after the Tort Law published.In the way of establishing ajust,clear medical identification system by improve the shortage and imbibe the goodpoints of the current medical identification.This just and clear medical identificationcan ensure rights between the patients and the doctors.