试论对医疗损害鉴定意见质证的完善——以新《民事诉讼法》为视角

Study on the Perfection of the Cross-examination of Medical Damage Expert Opinion——From the Perspective of the Newly Revised "Civil Procedure Law"

医疗行业的专业性和法律规定的不完善,导致司法实践中当事人对医疗损害鉴定意见的质证基本流于形式。新修改的《民事诉讼法》明确了医疗损害鉴定意见的内涵和对其质证的必要性,但仍然需要从鉴定人出庭制度、专家辅助人制度和引入专家陪审等方面对医疗损害鉴定意见的质证进行完善。

Due to the specialty in medical field and the imperfection of the laws and regulations, the crossexamination of medical damage expert opinion basically becomes a mere formality in the judicial practice. In the newly revised provisions of the Civil Procedure Law, the connotation of medical damage expert opinion and the necessity of its cross-examination are clearly stated, but the cross-examination of medical still needs to be perfected from the perspectives of the system of appraisers appearance in damage expert opinion court, experts auxiliary system and the introduction of expert jury, etc..