Research On The Legal Regulation Of Medical Damage Judicial Identification In China

At present,in the field of medical damage appraisal,our country uses "dual-track approach system" : the patient can use technical appraisal for the medical negligence or medical treatment fault judicial authentication.They are similar,but they conflict in the content,the legal basis and the identification method.It is a kind of appraisal model with Chinese characteristics.But now this way is facing many difficulties.The appraisal standards and procedures are not unified,so the appraisal results are chaotic.To this question,the legislation of our country is blank,even conflict.Therefore,in order to solve medical disputes,we must unify the relevant laws and integrate appraisal mechanism.This article is divided into six parts :In the first part,the author points out two problems that are highlighted in the process of medical damage appraisal,which is based on the identification of medical disputes in Hebei province.The second part gives a brief overview of medical damage appraisal.Starting from the concepts and characteristics,this paper briefly analyzes the differences between the two models of medical damage identification.The third part introduces the history of medical damage appraisal.The first is to elaborate the foreign medical appraisal system,including the expert witness system of Anglo-American law system and the expert system of civil law system.After that,it introduces the development history of China's medical appraisal system,and our country should learn from the essence of foreign system and construct the medical damage Identification system.The fourth part introduces the existing problems of the medical damage appraisal system.At present,the identification mode of the two-track system is parallel in China,and the identification result is unfair.At the same time,the management mechanism of the appraisal mechanism is chaotic and the level of the appraisal personnel is different.In the process of identification,the identification of the identification material is difficult,the authenticity is questioned,And so on a series ofissues need from the height of the legislative and practical point of view of a wide range of thinking.The fifth part puts forward some suggestions for the perfection of legal regulation of medical damage in China.In order to resolve the stalemate of doctor-patient relationship as soon as possible,we must improve the efficiency of litigation and improve the credibility of the appraisal conclusion,we must unify and perfect the relevant laws and regulations,integrate the identification mechanism,strengthen the management of the people,and strictly control the identification process.The sixth part concludes and summarizes the whole text.