Improve the System of Medical Damage Identification to Balance the Burden of Proof between Medical Institutions and Patients

With the development of the theory of identification "duality" in medical tort lawsuit,the burden distribution system of proof of medical tort also gradually developed.So-called links are universal,state institutions are often"one change makes all change".In medical tort cases,the judges replace the trial results with expert opinion let alone tend to rely on expert opinion to determine the truth while he can't verify the case facts.The another thing,after the newly revised Civil Procedure Law revised in 2012,it defined the parties of basic rights or interests protected in the case of the cross-examination of medical damage expert opinion.But due to patient lack of medical expertise and expert refuse to appear in court,no right of cross examination could happen.A part of the medical cases are used in expert auxiliary system to solve the above difficulties,but procedures of expert assistant system have not been unified.Many problems and doubts are still in implementation for judges,lawyers,parties concerned.Analyzing the disadvantages of the present the appraisal system of medical lawsuits and working on the improvement of expert assistant system,and expect to the analysis and explanation for the medical tort lawsuit contribute to subsequent researchers and juridical practice.