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Discussion On The Expert Assistant System In Medical Litigation

Posted on:2017-10-08Degree:MasterType:Thesis
Country:ChinaCandidate:W JiaFull Text:PDF
GTID:2336330488972540Subject:Procedural Law
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2012 revised "Civil Procedure Law of People's Republic of China"(hereinafter referred to as the "Civil Law") Article 79 of the Expert Assistant System formalized, and the Supreme Court in February 4, 2015 implementation of the "on the application < People's Republic of China Civil Procedure law> interpretation "(hereinafter referred to as " judicial interpretation of Civil Procedure ") in the system in more detailed provisions. Through two legal expert system useful reference, our country has initially built up a "expert- Expert Assistant," based on a binary system of expert evidence. This is a major institution of civil procedure law legislation on innovation, thus promoting the adversary oriented judicial reform to deepen in the new era.Expert Assistant System of Medical Disputes in Civil judicial settlement has a very important significance. In medical malpractice cases, the judge must conduct specific medical cases TCM party, causal link between the loss of the patient, as well as the fault of the medical side of medical practice and losses accurately judge. Overlapping legal issues and medical problems for lack of expertise of judges and suffering side, is a great obstacle: the judge for over-reliance on expert opinion, the parties lack the ability to expert opinion of medical disputes effectively cross-examination and debate. At the same time, the binary medical identification systems in China there are many problems, impartiality difficult to secure. Therefore, the urgent need to improve China's medical litigation Expert Assistant System, help medical identification system further reform, effectively assist risk of side exercise their litigation rights, assist judges decide cases properly. However, the relevant provisions of China's current system of expert advisor are more general, only the provisions of principle "Civil Law", "Civil Procedure Law judicial interpretation" is also only 122 and 123 respectively of the rules of evidence and procedural issue clear, but the lack of more operational provisions, which not only caused inconvenience to the judicial practice, practice also resulted in different parts of the court. In view of this, the author of our current expert advisor system, combined with medical litigation status and characteristics, demonstrate the importance of medical disputes expert advisor system. At the same time, through the extraterritorial related systems analysis and draw on China's medical disputes Expert Assistant perfection propose specific recommendations to improve.There are four chapters on discussing these issues.Chapter One: This chapter talks about the expert assistant system in the medical malpractice cases generally. This section clarifies the connotation expert advisor, analyzed in the Medical Litigation Expert Assistant position, and on the basis of medical experts dispute the auxiliary function of human rights obligations and were further explanation.Chapter Two: Analyses the expert assistant system in the medical appraisals in the view of legislation and judicature. Conversion from the Medical Litigation adversary litigation mode, building a sound, expert evidence system of medical identification system that part of the achievement of a just and efficient four perspective expound the importance of improving the system. Through the above-mentioned four levels of discourse from the side confirmed the importance Expert Assistant System in the Medical Litigation.Chapter Three: The extraterritorial investigation on expert assistant in the medical dispute lawsuits. This chapter from the experts who assist Comparative Law on litigation conducted outside of medical study, comparative analysis of common law and civil law expert witness system expert system, based on a comprehensive evaluation, starting from the origin system, in order to provide a useful reference for the experts of the medical litigation Assistant systemChapter Four: Propose several advices on how to contribute the system of expert assistant including four different parts. Based on this part of the previous text on China Expert Assistant System fully investigated and the comparative analysis of extraterritorial laws on proposed litigation status of Expert Assistant of qualification review the rules, improve Auxiliary Expert opinion admissible rules and supporting systems, etc. make recommendations to improve aspects of proposed initial ideas for the further refinement of the system.
Keywords/Search Tags:medical dispute lawsuits, expert assistant, verified written opinion, dual-system of expert opinion systems
PDF Full Text Request
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