Research On Expert Auxiliary System In Medical Dispute Litigation

With the vigorous development of science and technology,lawsuits involving professional knowledge are increasingly appearing in the view of civil cases,and the lawsuit of medical disputes is one of them.Because of the complexity and professionalism of medicine,patients will seek legal remedies in case of medical disputes.But it is a huge challenge for judges in the medical profession to judge whether medical malpractice constitutes medical malpractice or medical infringement.So Judges sometimes overly rely on written identification when they try to adjudication.But due to the contract party know very little about such professional knowledge,in the case of expert opinion cannot fully cross-examination,will lead to the referee hard to ensure the fairness of the case,will seriously affect the judicial justice and authority.Therefore,the application of expert auxiliary system to medical litigation disputes has become an inevitable trend.Expert auxiliary person helps to solve the dilemma of the parties and judges in the face of complicated medical problems,assist the judge impartially and promote the reform of medical damage appraisal system.In this way,conflicts between hospitals and patients can be effectively alleviated.The concept of "expert helper" in our country was first proposed in the Supreme People's Court's Several Rules in Civil Procedural Evidence in December 2001.The amended law of the People's Republic of China on January 1,2013 further established the system of "expert assistance".The judicial interpretation of the civil procedure law has added article 122 and article 123 of the two provisions of the expert assistance system.But the legal provisions are too simple,not operation.The details of the legal status,qualifications,rights and obligations of the experts are not clear.The result is that the expert assistance system lacks the systematic research of theoretical system and the specific means of law application.The application of expert assistance system in medical disputes is more difficult to play its real role.Therefore,the author in the perspective of medical dispute lawsuit,on the basis of thorough analysis expert system of auxiliary people,who presented an expert auxiliary system in our country,the improvement of the medical dispute lawsuit for advice.This paper is divided into four parts apart from the introduction and conclusion:The first part: This part summarizes the basic theory of the expert auxiliary system of medical dispute litigation in China from the concept and function of expert assistant.It defines the concept of experts and experts auxiliary.The difference between expert auxiliary and appraiser,witness,litigation agent and other related concepts is analyzed.At last this part summarizes the role of expert auxiliary system in medical dispute litigation.The second part: In combination with the specific cases of medical disputes,the current legislative status and application status of the expert assistance system in China are summarized.This part analyzes the existing problems of expert auxiliary system in China.The third part: This part puts forward the idea of perfecting the auxiliary system of medical dispute litigation experts.From experts of designation of secondary qualification,legal status,start the responsibility,rights and obligation,and elaborates the procedure safeguard and so on various aspects one by one,to establish the specific ideas of perfecting our country's expert auxiliary system.