医疗损害诉讼中专家辅助人制度探析

摘要

The medical profession, law and many other factors make the complexity of medical damage, medical standard for medical malpractice litigation behavior without judgment, the adoption of the expert opinion and other issues become a reality problem for judges and parties of the.By searching and retrieval related websites at home and abroad, the legal norms and case law, literature, science defines the connotation of medical malpractice litigation in the expert assistant.Through the analysis of Chinese medical malpractice litigation system of auxiliary expert has qualification, effectiveness, participation procedures, rights and obligations and other aspects of the provisions of imperfect defects, and based on the expert witness system and technical consultant system outside of comparison and reference, the suggestions were put forward to perfect our medical damage lawsuit expert auxiliary system.%医疗的专业性、法学的复杂性等诸多因素使得医疗损害诉讼中医疗行为标准的适用、医疗过失的判断、鉴定意见的采信等成为困扰法官和诉讼双方的现实难题.通过查阅、检索国内外的相关网站、判例、法律规范和文献资料,界定医疗损害诉讼中专家辅助人的内涵.我国医疗损害诉讼中,专家辅助人制度存在资格、效力、参诉程序,权利义务等方面规定不完善的缺陷,基于对域外专家证人制度和技术顾问制度的研究,提出完善我国医疗损害诉讼中专家辅助人制度的建议.