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Research On Judicial Appraisal Of Medical Damage In China

Posted on:2020-02-12Degree:MasterType:Thesis
Country:ChinaCandidate:L DuFull Text:PDF
GTID:2416330596984953Subject:Law
Abstract/Summary:PDF Full Text Request
Judicial appraisal of medical damage refers to the special activities of appraisers who use the medical knowledge and technology that they have mastered to conduct rational analysis and judgment on relevant medical-related issues involved in civil litigation.In the process of civil trial,the medical damage judicial appraisal opinion as an important evidence directly affects the judge's identification of the facts of the case and the handling of the judgment results.The perfection and reasonableness of medical damage judicial appraisal is not only related to the actual trial effect of the whole case,but also plays an important role in the protection of the legitimate rights and interests of the parties and the harmony and stability of the whole society.With the implementation of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Medical Damage Liability Disputes on December 14,2017,and the subject of application for appraisal in medical damage liability dispute cases,how to regulate the appraisers' choices,which party should Providing the required materials to the appraisal agency,the provisions on the identification of the cause of force,the parties to entrust the appraisal of the effectiveness of the identification and acceptance of the appraisal,the appraisers to the court to cross-examination,the expert assistant system,the medical dispute case responsibility and other aspects have made specific provisions It plays an important role in promoting the coordinated development of doctor-patient relationship.However,in the judicial practice,due to the imperfect legislation in our country,there are still problems in the medical damage judicial appraisal,such as non-standardization of the appraisal procedure,repeated appraisal,lack of credibility of the appraisal opinion,and low rate of appraisal of the appraisers,which makes the trial of medical damage liability disputes difficult.The long trial period,etc.,has greatly affected the fair handling of the case and wasted judicial resources.Therefore,we need to conduct in-depth investigation and analysis on the theory and practice of the existing medical damage judicial identification system in our country,in order to discover the inadequacies of the existing system,and to build a more fair and reasonable medical damage judicial identification system.Propose some practical reform measures and programs.In order to solve the problems in the judicial appraisal of medical damage,this article deals with certain issues concerning the applicable law of the People's Republic of China Tort Liability Law,the Civil Procedure Law of the People's Republic of China and the Supreme People's Court on the trial of medical damage liability disputes.On the basis of analysis and judgment,the "Chinese Judgment Document Network" is used as the search platform.After defining the criteria,145 judgments are selected for empirical analysis,aiming to grasp the operational status of the medical damage judicial identification system in practice and to find out There are problems.Then,by drawing on the useful experience of countries and regions outside the region,combined with the actual situation in the country,the author put forward to further improve the surveyor to produce,management and avoidance,protection,accountability system,improve the medical damage the judicial appraisal of the supervision system,strengthen the professional trial courts of medical dispute cases,the authentication institutions impartiality to be recognized by the parties,which make the medical damage judicial authentication system more in line with the scientific nature and the law,in a more effective solution to medical disputes and safeguard the legitimate rights and interests of the parties,and finally establish a people's court of long-term credibility and strength.
Keywords/Search Tags:Medical damage, Judicial appraisal, Appraisal institution, Appraisal procedure
PDF Full Text Request
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