中国近代中医药讼案鉴定考述

A Study on Traditional Chinese Medical Appraisals in Chinese Modern Times

近代中国社会医患关系历经巨变,因医疗纠纷而引起的中医药诉讼案件层出不穷。在案件处理中,以西医为主导的医疗鉴定存在诸多漏洞和缺失,导致中医师的权益得不到法律保障。在此情势下,中医师群体通过同业组织、学术团体等途径,向司法行政机构积极建言,并成立中医药讼案鉴定机构,不断提升中医鉴定水平。

At the modern times, the patientdoctor relationship of Chinese society undergoes profound changes,the patient and the doctor often go to court because of the mediefil disputes, so the lawsuits of Traditional Chinese Medicine are com mon. In the treatment of these lawsuits, the forensic identification which is taken the western medicine as leading factor existed many defects in special fields, so the rights of the doctor of Traditional Chinese Medicine can not obtain the legal safeguard. In such circumstances, the doctor of Traditional Chinese Medicine supplied suggestion to the judicial organiza tion through trade organizations and academic research groups. They built an appraisal institute for chinese traditional medical lawsuit in order to improve the professional level of Traditional Chinese Medical appraisals.