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Research on the Cross-Examination of Medical Damages Dispute Appraisal

Author: PanXin
Tutor: JiZongYi
School: Guangdong College of Commerce
Course: Procedural Law
Keywords: Identification of cross-examination of medical malpractice Medical Malpractice Medical malpractice forensic Identification system
CLC: D922.16;D925
Type: Master's thesis
Year: 2011
Downloads: 88
Quote: 0
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Abstract


In recent years, China's medical tort disputes gradually increased. Medical Dispute clear responsibility of both doctors and patients, to properly resolve medical disputes. However, identification of the cross-examination of the medical malpractice still there are many defects. This article analyzes the identification with the cross-examination of the theory of medical malpractice, the special nature of the cross-examination of the Medical Dispute description on how to improve the identification of cross-examination of medical disputes in China, in the cross-examination of the status quo and problems on the basis of the analysis of the current medical malpractice identification related systems. Include the following: Introduction to first part of the identification with the cross-examination of the medical malpractice. First, to define the concept of medical malpractice identification, and elaborate on its nature, status and function, related to the concept of the difference between then clear the medical malpractice identification cross-examination connotation. Including the concept of cross-examination, the main object of the program, as well as content. Which reveals the special nature of cross-examination by the Medical Dispute. The second part, the status quo of the cross-examination of the Medical Dispute problem. Introduces the status quo of the cross-examination of the problem of medical malpractice identification, to expose the the legal contradictions caused by cross-examination rights insecurity, identification expert group does not appear in court to challenge the expert conclusions unreasonable, re-identification frequent cause of repeated cross-examination of such abnormal phenomena, through empirical analysis, summarized the harm of these phenomena. The third part, Cross Examination of Medical Dispute. The analysis of the main causes for the identification of the cross-examination of the medical malpractice problem in practice. Cross-examination of the issues of Medical Dispute in China is divided into two categories: The first category is the reason of the litigation system, mainly including The the Medical Dispute court Discovery program imperfect, identification of Court Examination system is imperfect, Medical Dispute censorship rules place, the lack of regulation, such as re-identification of the right to start; identification system reasons, including collective identification system induced Court Examination difficult identification of medical malpractice law applicable mechanisms defects. The fourth part, medical expert cross-examination to the solution of the problem. This section first proposed the idea of ??medical expert cross-examination problems, mainly two-pronged approach, on the one hand, to ensure that the cross-examination of the normal procedures, on the other hand is to eliminate medical malpractice identification system defects. And then based on the problem solving ideas specific recommendations to improve the system of medical identification of cross-examination, including the perfect conclusion of the pretrial identification in Procedure Court Examination regulation to improve the identification of people, the establishment of a the expert jury system and the System of Expert perfect cross identification knot perish inquiry procedure, the transformation of the start of the re-identification of conditions and procedures, the introduction of individual identification system, defects from the source to eliminate the identification of medical malpractice law applicable mechanisms.

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