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Expert Assistant System Research In Medical Lawsuit

Posted on:2016-09-02Degree:MasterType:Thesis
Country:ChinaCandidate:Y N CuiFull Text:PDF
GTID:2296330482951037Subject:Law
Abstract/Summary:PDF Full Text Request
With the development of social science and the advancement of medical technology, there have emerged more and more problems with professional complexity, such as obscure medical terms and the complex disease mechanism. When the medical disputes happened, patients often went to court, and seek relief of right infringement. However, during the cross-examination in court, patients are often confined to their lack of knowledge, so it is difficult for them to make an accurate interpretation of the evidence. And for the same reason, the judge will also depend on the written expert opinion in the trial. Consequently, the impartiality and rationality of medical litigation and judgement is often questioned by the patients, even leading to more intense conflict between doctors and patients. And it is not conducive to establishing the credibility of the judiciary and stability of social relations. Based on this plight of the judiciary, our country put forward the concept of "Expert Assistant" for the first time in "Some Provisions of the Supreme People’s Court on Producing Evidence in Civil Actions" in 2002 (hereinafter referred to as "rules of evidence"). And in January 1,2013 implementation of the "Civil Law" formalize "Expert Assistant" system. In the judicial interpretation of the Civil Procedure Law which came into force from February 4th,2015, two provisions were used to improve the system of expert advisor, in which the advice raised by those who have expertise on professional issues can be regarded as statements of the parties. But, the system is lacking in specific instruments in law enforcement because these provisions are extremely principle abstract. Such as expert advice and assist the effectiveness of the legal status in the proceedings can not be determined. To deal with these problems, the extraterritorial countries have taken different countermeasures. So, learning from the experience of extraterritorial legislation, I proposed several specific ways to improve our country’s Expert Assistant System. In this paper, from the perspective of medical litigation, I have proved the necessity and feasibility of introducing expert assistant system to medical litigation through the analysis of the problems arising in the practice of medical litigation. At the same time, based on the experience of extraterritorial legislation and through case studies, comparative analysis and other research methods, I have put forward some measures to protect the litigation status and qualification of Expert Assistant, and to further improve the whole Expert Assistant system. The full text can be divided into three parts:Part I:The necessity of expert assistant in medical litigation. This section combined with the practice of specific cases, from medical litigation own particularity, trial proceedings in need of medical practice and Inadequate medical identification system three aspects of the system describes the significance of medical litigation expert assistant system.Part II:Outside experts who assist Inspection and Evaluation System. The main part of the outside of Expert System, and discusses the characteristics and trends of the two legal experts assist people. With the Two Expert Assistant System defect becomes increasingly obvious, common law country began to focus on the weakening of the opposing sides of an expert witness, the expert witness stressed that the primary obligation is to be honest statement and independent court to testify in order to guarantee the objectivity of expert testimony. Civil law countries also began to learn the expert witness system of common law countries, focusing on litigation to protect the rights of the parties to promote a dominant position of the parties. Through a comparative study, in order to improve our existing system of expert advisor can provide more reference ideas.Part III:Perfection Medical Procedure Expert Assistant System envisaged. This section first pointed out the provisions of the current system of expert advisor too simple, is not conducive to the operation of trial practice. Then, based on learning foreign Expert Assistant System, it made specific provisions about the qualifications, right, obligation and guaranteeing procedures of the expert assistant. At the same time, to give full play to the role of the expert assistant, it held that we should first establish a sound system of notification, then we should increase expert assistants’ responsibility for supervising the identification activities, improving the reliability of expert opinion. Secondly, establish the authority of the expert advisory system. Avoid blind judge admissibility of evidence any expert advice, to ensure a fair referee. Finally, the perfect judge admissible expert opinion public transparency, the judge should be adopted by the expert opinion or expert opinion process of evaluation of evidence made public, so the decision was persuasive.
Keywords/Search Tags:Medical litigation, Expert Assistant, Expert opinion, Testimony
PDF Full Text Request
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