Research On Medical Damage Identification System In China

At the present time, the legal system is becoming consummate, the legal consciousness and rights consciousness are being intensified. Among them, medical disputes triggered by medical damage raise much concern. How to resolve the medical contradiction has been caused every fields of the whole society. And the appraisement of medical damage is the key problem to resolve the medical contradiction properly. At present, the problem of "duality" consists in China's appraisement system of medical damage. It is impossible to give consideration to both credibility and professionalism when technical appraisal for the medical accidents and medical fault identification exist simultaneously. With the implementation of the "tort liability law", the technical appraisal system of medical damage achieves unification in the aspect of substantive law. However, the lacks of identification procedures restrict the proper settlement and make the undesirable phenomenon still alive in identify. So infringement and activist become a important factor that affect the social stability.There are four parts, and the last two parts are the most important chapter.The first part tries to explain the implication of medical damage and medical damage appraisal, from the gradually establish of the medical damage appraisal to the modern regime's establishment. Then comb the historical evolution and basic types of the identification of medical damage, and make a comparison between them. In the end, I want to describe the awkward situation about the current medical damage appraisal. The second part researches overseas condition about medical damage appraisal, introduce the two basic regimes respectively. And it makes a comparison between Anglo-American law system and the continental law system, whose order is to absorb good experience. The focus is on the two regimes'legal and awareness environment. The third part focuses on practice investigation about the identification of medical damage. Starting from the status of the medical damage appraisal, survey our country's realistic difficulties. Firstly, it recommends medical damage authentication throughout the country, and then focuses on some specific area, as an example of Beijing and Jiangsu province. In the last, I will criticize the current medical damage appraisal.The fourth part puts forward the overall idea and system appeal about medical identification. At the same time, I come up with the guiding ideology of the project, and raise the reason to structure our medical damage appraisal. Not only realize the importance of medical damage appraisal, but come up with the conceive of medical damage appraisal. Finally, I will make a detailed introduction of how to build the unified medical damage appraisal.