Research On Expert Assistant's Intervention In Medical Dispute Litigation

Due to the speciality and complexity of medicine,the acceptance of expert opinions and the judgment of medical negligence have become actual obstacles for judges to determine the facts of cases.What's more,due to the lack of medical knowledge,it is difficult for the patients to make a professional explanation of the evidence and to effectively cross-examine the opinions of experts.Therefore,to deal with the professional problems in medical dispute litigation,the judge usually has the tendency to rely on the identification of professional technical experts.However,both medical malpractice identification and medical fault identification have their own disadvantages,and the corresponding impartiality and scientificity cannot be guaranteed.There are continuous doubts from patients,which may even lead to more intense doctor-patient conflicts.It is the specialty of medical dispute litigation to introduce experts to participate in litigation,and it is also the supervision and supplement of medical damage appraisal system.It is helpful to safeguard the litigation rights of the parties,especially the patients,and to help the judge to make a fair judgment after clarifying the medical facts.Up to now,it has been 18 years since the establishment of the expert assistant system in the civil procedure in China.No matter it is the legislative orientation,the practice trend or the trend of thought of scholars,it can provide an important reference basis for the research on expert assistant's intervention in medical dispute litigation.Therefore,based on the current system of expert assistants in China and combined the characteristics of medical dispute litigation and the advantages of relevant international systems,the author reflects on the basic model of the system of expert assistant's intervention in the special situation of medical dispute litigation.This paper is divided into five chapters in the structure,on the basis of a detailed study of medical dispute litigation and the system of expert assistants,aiming at the problems which is caused by introducing expert assistants into medical dispute litigation,the author puts forward corresponding suggestions.The first chapter is introduction part.This part analyzes the background and significance of the research on expert assistant's intervention in medical dispute litigation,investigates the research status of relevant systems at home and abroad,and explains the research methods and innovation points of this paper.The second chapter is the overview of the expert assistant's intervention in medical dispute litigation.This part starts with the definition of expert assistant,first analyzed the concept of expert assistant and its comparison with related concepts,and then elaborates on the necessity and rationality of introducing expert auxiliary people into medical dispute lawsuit,to reveal the reason why to study this issue and the importance and significance of perfecting the system from a particular perspective of medical dispute lawsuit.The third chapter is the status quo and problems of the assistant's intervention in medical dispute litigation.This part describes the present legislation and judicial status quo of expert auxiliary system in the field of medical disputes.The main problems for assistant's intervention in litigation are included the obstacles of medical damage appraisal system,fuzzy roles of expert auxiliary,lack of qualifications selection and review,unsoundness starting procedure,and the lack of the safeguard mechanism,etc.The fourth chapter is the investigation and analysis of the similar expert assistant system in other countries.From the perspective of comparative law,this chapter studies the expert witness system of common law and the expert evidence system in continental law system.I expect to provide useful references for the introduction of expert assistance in medical dispute litigation in China on the basis of comprehensive evaluation of the general rules such as expert selection and appointment,evidence acceptance,and other specific rules.The fifth chapter is the suggestions for the improvement of the expert assistant's intervention in medical dispute litigation.On the basis of comparative analysis of expert auxiliary system in our country and comparison to similar systems in foreign countries,in order to further system and refine the system preliminary ideas,I put forward the suggestions such as perfecting the dual expert system model,giving independent legal status to expert assistant system in medical dispute litigation,making qualification standards,improving starting procedure,setting up a corresponding supporting system.