Legal Issues And Countermeasures Of Medical Dispute Appraisal System In China

In recent years, the doctor-patient contradiction in deepening, the frequency of medical dispute is also rising, medical activities and personal injury caused by patients is the most important cause of medical disputes, so how to determined the medical damage and clarify the rights and obligations between doctor and patient is particularly important, the medical dispute appraisal system is the key.From "medical accident treatment method" to "byelaw of medical accident treatment", the architecture is out of a set of system of technical appraisal for medical accidents,At the same time, it has to do with judicial identification in the field of medical damage appraisal form the two-pronged approach of medical malpractice identification, it in the medical dispute appraisal work of our country has made a greater contribution.But as the medical treatment activity gradually into People’s Daily life,it has to do with individual rights is becoming more and more frequent contact and collision,at the same time, under the rule of law society, people’s consciousness of rights has been strengthened, they puts forward higher requirements on the safeguard of their rights.So whether judicial authentication or medical damage of technical appraisal for medical accidents, their respective defects has made them unable to meet the needs of social and legal.The two models to identify conflict also further deepen the difficult of current medical dispute appraisal system.Improve the defects of the system of medical dispute appraisal,to change the situation that two kinds of appraisal mode coexist is the urgent task.So to unify these two identification mode, this paper will give advices from5aspect:identify subject,identifier,identification procedure, identification conclution and relief procedure, which based on the defect of present identification system and the confliction of practices.