职业病诊断证据材料分析与采用

Analysis and adoption of evidence in diagnosis of occupational diseases

目的探讨职业病诊断中证据的确认和采用问题,为职业病诊断材料的正确采用和职业病诊断逻辑思维的形成提供方法论。方法借鉴证据法学理论和证据规则规定,对职业病诊断证据材料的属性、证据效力和证据关联性等问题进行分析。结果职业病诊断证据材料必须具备客观性、关联性和可采性;不同证据对同一待证事实有冲突时,应根据最佳证据规则以及关联性规则等进行证据效力比较。结论综合临床医学、职业卫生和证据法学等知识对职业病诊断材料进行正确分析与采用,职业病诊断方可更趋于科学和完善。

Objective To explore the confirmation and adoption of evidence in occupational disease diagnosis, and provide methodology for correct adoption of data and formation of logical thinking in occupational disease diagnosis. Methods Based on the reference of the legal theory of evidence and evidence rules, the properties, effect, and relevance of the evidence in occupational disease diagnosis were analyzed. Results The occupational disease diagnosis evidence material must possess objectiveness, relevance, and admissibility. When there is a conflict between the different evidence and the facts to be proved, the effect of evidence should be compared based on best evidence rule and relevance rule of evidence. Conclusion With correct analysis and adoption of evidence in occupational disease diagnosis by comprehensively using the knowledge such as clinical medicine, occupational health, and evidence law, the occupational disease diagnosis may tend to be more scientific and perfect.