Expert Assistant System Research In Medical Injury Lawsuit

In medical injury disputes,in view of the complexity and professionalism of medical activities,professional review of professional issues often requires the assistance of a professional identification agency or medical association.Due to the inconsistency of medical appraisal model in China,the litigation of medical damage cases is time-consuming,costly and inefficient.Due to the lack of medical knowledge,it is difficult for the patient party to verify the medical case materials,treatment plans and expert opinions effectively,and it is also difficult for the judge to challenge the scientific nature of expert opinions from the substantive level,thus forming the reliance on expert opinions when judging.Although the expert helper system established in the field of civil litigation in China helps parties and judges to get rid of the above difficulties,it is not widely used in medical injury disputes because of the principle and abstraction of relevant laws and regulations concerning expert helper.Based on medical professional problem under the rules of the burden of persuasion and cross-examination of expert auxiliary examination,people use the status quo of medical disputes in practice special issues need to be solved,expert auxiliary man on trial for expert witnesses,expert witnesses to respond to inquiries condition analysis,to explore the different specialized expert the adoption rate of auxiliary views and his response to the situation of expert opinions adoption rate.However,due to the lack of detailed regulations on the role positioning,qualification examination standards,procedure setting,and effect of opinions,the application scope and effect of expert helper system in medical injury disputes have been affected.Through the empirical analysis of judicial practice,this paper clearly the principal position of medical experts aided person referee,build medical expert auxiliary people involved in the litigation procedure,standardizing medical expert auxiliary people should have the qualification standards,clear medical expert auxiliary people because of its special role of litigation rights and the obligations of responsibility,set up the cover to ensure authenticity,relevance and reliability of expert advice expert advice the admissibility rules of these five aspects put forward concrete system conception,in order to improve the system of our country medical expert auxiliary person,so as to give full play of the role of expert auxiliary system in practice.