Study On Medical Appraisal System In China

Judges can’t ascertain the truth without expert opinion when dealing with medical dispute suits because they usually don’t have adequate medical knowledge as medical industry is more than professional, complex, and experiential. Therefore, expert opinion becomes of due importance in determining and judging medical dispute suits. However, medical appraisal system in current China is duality, consisting identification of medical incident by Medical Association and identification of medical mistake by Forensic Center. Though the implementation of The Tort Law of the People’s Republic of China on July 1st,2010 eliminates the duality in law application of law to medical dispute suits, the identification system has not been unified yet.The thesis focuses on analysis and reflection on medical appraisal system in current China, making proposals for setting up a unified identification system via contrasting between the system in China and in common law countries. The thesis hopes that a fair and impartial system could be more fair and efficient to solve medical dispute so as to build a more harmonious doctor-patient relationship within the society.Besides preface and conclusion, the thesis contains the four following parts.Chapter one introduces the medical appraisal system in current China and analyzes the three different types.Chapter two analyzes the deficiencies of the medical appraisal system, the strengths and weaknesses of two types of appraisal and tries to find out the reason of duality. The chapter also tells the requirement of the law after the amendment of civil procedure law.Chapter three introduces expert witness in common law countries. After analyzing the strengths and weaknesses of expert witness system and the possibility of introduction it to our country and comparing identification system in our country with that in common law countries, the thesis puts forward the path by which expert witness system could be introduced to our country.Chapter four makes recommendations to the medical appraisal system in China from the point of national legislative, the administrative and judicial practice, hoping to promote the reformation of the medical appraisal system.