A Study Of Medical Damage Identification System

In the process of solving medical disputes,it is very important to find out the facts by means of identification for the division of responsibilities between doctors and patients.After the formation of the dual system of medical appraisal in China,the phenomena such as "confusion of appraisal types","substitute examination for examination" and "repeated appraisal" occurred frequently in judicial practice.Binary identification system is the root cause of "chaotic identification".In 2017,the interpretation of the supreme people's court on several issues related to the trial of medical injury liability dispute cases(hereinafter referred to as the "medical interpretation")was issued.The medical interpretation tries to unify the medical appraisal mechanism by standardizing the articles of law.However,from the practice of medical damage assessment,medical interpretation has not really achieved the unity of two aspects.The medical association's legal status is not clear which leads to the malpractice of dual system.From the point of view of the legislature,only by correctly defining the essence of medical damage identification and thoroughly reforming the medical association identification model to meet the requirements of medical damage identification,can the dual identification system be fundamentally abolished.From the point of view of judicial organs,one aspect should be the judgment of the special problems and the necessity of the appraisal to restrict the launching of the unnecessary appraisal procedure.On the other hand,the judicial dilemma of "substituting the examiners for the examiners" is solved by the system of expert assistants and the court appearance of expert witnesses.