我国医疗损害鉴定意见质证的完善

On the Perfection of Cross-Examination of Medical Damage Expert Opinion in Our Country

随着公民法律意识和维权意识的不断增强,医疗纠纷日益成为社会热点问题;而作为处理医疗纠纷过程中的核心环节和重要依据——医疗损害鉴定意见,在医疗损害诉讼质证过程中所存在的弊端日益凸显。鉴此,本文分析了医疗损害鉴定意见质证的意义,对医疗损害鉴定意见质证的现状和存在问题进行剖析;并借鉴国外相关先进法律制度,提出了构建医疗损害的一元化鉴定体制、保证鉴定人出席庭审接受质证、构建专家辅助人制度和医疗损害鉴定意见的庭前开示制度、建立完善的交叉询问制度等,以完善我国医疗损害鉴定制度。

With the growing of citizen＇s legal consciousness and right-protection awareness, medical dispute has been becoming a hot social problem. As a key link and important basis in the process of dealing with medical disputes, some drawbacks of medical damage expert opinions are becoming highlighted in the process of medical injury litigation cross-examination. Therefore, this paper makes clear the significance of cross-examination of medical damage expert opinion, and analyzes its existing problems and current situation. By drawing lessons from related advanced foreign legal system, the author put forward the following suggestions to perfect medical damage appraisal system in our country： setting up unified appraisal system of medical damage, ensuring the surveyor＇s attendance in the court to accept cross-examination, setting up expert auxiliary system and the open system of medical damage appraisal opinions, and establishing a perfect cross-examination system, etc..