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Research On The Medical Dispute Procedure Of Sorting Out Issues

Posted on:2017-09-10Degree:MasterType:Thesis
Country:ChinaCandidate:G W LaiFull Text:PDF
GTID:2336330488472487Subject:Procedural Law
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Currently, the medical dispute has become the focus of attention, affecting the development of a harmonious society. Due to medical professionals, long litigation period, the presence of multiple identification, complex evidence and other issues, it is difficult to effectively achieve the purpose of mediating dispute, inability to protect the legitimate rights and interests on medical dispute lawsuits.The civil of procedure of sorting out issue can organize pretrial matters in the disputed a clear and fixed, and the efficiency of the proceedings having characteristics. In view of this, we propose to establish the medical dispute lawsuits procedure of sorting out issues to promote the process of medical disputes in civil proceedings on the basis of the civil procedure of sorting out issues.This paper, a total of more than forty thousand words, is divided into five parts.The first part is an overview of the medical dispute procedure of sorting out issues.It introduces the connotation of medical disputes,the current situation of medical litigation, the meaning of the medical dispute procedure of sorting out issues,the relationship between the medical dispute litigation procedure of sorting out issues and ordinary civil procedure of sorting out issues and the necessity and feasibility of establishing medical dispute lawsuits procedure of sorting out issues.The second part concentrates the principle of concentration,coordination litigation mode and the principle of equality of arms for establishing the theory of the medical dispute lawsuits procedure of sorting out issues. The principle of concentration is a fundamental principle of civil procedure, the full application of the civil procedure of sorting out issues rely on the principle of the principle of concentration, so the establishment the medical dispute lawsuits procedure of sorting out issues needs to focus on the principle of concentration.On modern civil procedure, the judge, not completely passive, needs to intervene in the proceedings in a timely manner to guide the procedure, and cooperate with the parties. Medical malpractice cases is a kind of modern specialized litigation cases, with strong medical professional. Judges and the parties found common difficulties authenticity aspects of the case, thus the medical dispute lawsuits procedure of sorting out issues should be established on coordination litigation mode, joint participation by the judge, the parties and the medical experts. In addition to medical professional feature, there is also a lack of ability to suit the parties, the existence of bias evidence and other issues in medical malpractice cases. Therefore, the establishment of medical dispute lawsuits procedure of sorting out issues needs to guarantee the equality of arms of the parties.The third part mainly research on the medical dispute lawsuits procedure of sorting out issues in other areas. As medical disputes have difficulties in collecting evidence, types of complex and complexity of the case, it is necessary for sorting out issues early to make a clear direction and point of contention. In medical malpractice cases, since the patient and the judges are usually lack of appropriate medical knowledge, the parties can not sort out their own point of contention, and the judge can not assist, guide the parties.Therefore, the experts involved in medical malpractice lawsuits procedure of sorting out issues are important for narrowing the issues. Based on the above two considerations, this part mainly study whether medical malpractice cases can be sort out issues early and how medical experts take part in the medical dispute lawsuits procedure of sorting out issues in United States, Japan, China's Taiwan Region.The fourth part introduces the problem of China's the medical dispute lawsuits procedure of sorting out issues.Besides the issue of evidence,the issues contain the fact,the law and others.Because there is no the civil procedure of sorting out issues in law, it has the exchange the evidence to ensure the issue. So the time of the medical dispute lawsuits procedure of sorting out issues rely on limitation of evidence. Under the existing expert system, the presence of expert adviser, experts and expert jury case, and three experts in medical disputes finishing points of dispute procedures there are different problems.The fifth part introduces the elements of the medical dispute lawsuits procedure of sorting out issues in detail.In terms of the main party, the experts can participate in the establishment of the jury system and identify issues of medical disputes with the parties and the judge. In the object element, the main research is on issues on the subject matter of an action, the fact, the law and the evidence.In terms of the time element, medical malpractice cases should be sort out as soon as possible. In terms of the place of sorting out issues, I propose sorting out issues in a diversified place.In terms of method, I proposed the use of tabular form to sort out issues.In terms of the guarantee mechanism, to ensure the effective application of the medical dispute lawsuits procedure of sorting out issues, it must rely on the establishment of the civil procedure of sorting out issues,complete the legal medical experts,ensure the parties equality and establish a special medical procedure.
Keywords/Search Tags:Medical Dispute, The Medical Dispute Lawsuits Procedure of Sorting out Issues, Medical Experts, Guaranteed Mechanism
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