The Research On The Systerm Of Evidence In The Trail Of Medical Disputes In China

In the scientific technological and division modern society, the judge can not totally complete the trial successfully just relying on their own knowledge and experience, new scientific methods and technologies have participated into the proceedings. Medical dispute involves highly specialized areas. Although there are records of materials, human inspection reports and other documentary evidence, the judge can not grasp comprehensive information from the evidence without medical background. Therefore, in China, cognizing the fault, liability and causation of medical disputes has to rely on inspection reports for a long time, which caused long time and high-cost litigation as a result. However, the expertise system is not perfect, under the mutual integration trend of adversary system and inquisitorial system, China also has legislated about the special-knowledge Person who can participate the proceedings as expert witness. Certainly, the expert opinion and expert witness's statement in the court are evidence, and both belong to words evidence, opinion evidence as their nature. Opinion evidence plays a key role in medical disputes. Based on the background of present situation in Chinese medical dispute trial, this paper detailed elaborates and analysis expertise system and expert witness, including legislation, practice, application and problems of them, and analysis the characteristics of two kinds of foreign system. Finally, combining with Chinese situation and the concept of our trial values, this paper proposes several practicable advises about the supplement and integration of the expertise system and expert witness.