建立我国医疗诉讼专家证人制度

Setting up the System of Expert Witness in China's Medical Dispute

专家证人制度是现代诉讼规则中一项特色制度,对于专业性比较强的诉讼案件有十分重要意义。医疗诉讼属于专业性比较强的纠纷案件,一般法官在认定案件事实和证据上往往存在一定困难,建立医疗纠纷案件中的专家证人制度有利于医疗纠纷案件解决,保护医患双方的合法权益。本文就医疗纠纷中专家证人制度的一些具体问题及构建有中国特色医疗纠纷中的专家证人制度做一探讨。

The system of Expert Witness is a distinctive system in modem lawsuits and is of great significance to professional lawsuits. Medical dispute, because it belongs to professional lawsuit, makes it difficult for non-professional judges to get proofs or wind up a case. So setting up Expert Witness in medical lawsuits is good to solve the problems of medical dispute as well as protect the legitimate rights of both the doctors and patients.