Analysis On Expert Auxiliary System In Medical Dispute Litigation

In the medical dispute lawsuit,the judge ruled the case's focus is to find out whether there is between the medical behavior illegality,behavior and injury consequence between whether has the legal causation.Due to the professional knowledge of medical knowledge,the judge's professional quality is higher.In a set of contradictions exist in the judicial practice,the judge has the tendency to rely too much on appraisal opinions,sometimes even to finalize appraisal Suggestions directly as a case,and patients of medical damage appraisal of the credibility is not high.The court shall,therefore,make a judgment on the basis of the opinion of the party concerned in the absence of a valid quality certificate for the medical damage assessment.Compared with other civil litigation cases,medical disputes are more professional and more complicated and difficult to solve.In this context,China's civil procedure law introduces the expert auxiliary system to solve the difficult problems in medical dispute litigation.Medical dispute in the litigation stage,it is necessary to introduce a man expert auxiliary system and the surveyor related system together,forming a combat situation,the judge can a better understanding of professional knowledge,in the case and in the medical dispute case,the patient to medical knowledge don't understand,this is weak,then also needs to have a strong voice to speak on their behalf,this also is added to the role of lawyers.The main content of this article including summary of medical disputes,expert auxiliary theoretical basis,legal basis and the meaning of constructing medical dispute lawsuit expert auxiliary system and how to build the system of four parts.The first part of the medical dispute case is composed of the basic theory,the problems in reality and the method and strategy of dealing with medical dispute cases at the present stage.The second part is the theoretical basis,the legal basis,the research results of the expert auxiliary person and the application of the expert auxiliary person in the medical dispute case.The third part is to construct the meaning of the expert auxiliary system of litigation expert in medical dispute litigation,mainly from the necessity and feasibility of the system.The fourth part puts forward the idea of constructing medical dispute litigation expert auxiliary system.