当事人自行委托医疗损害鉴定的效力分析

Analysis on the Effectiveness of Medical Damage Identification Entrusted by the Parties

当事人一方自行委托医疗损害鉴定应当属于民事诉讼法规定的八种证据种类中的鉴定意见,其证明力要低于法院委托鉴定。其他当事人认可,可予采信;其他当事人不认可的,不能简单否定当事人委托鉴定的证明力,还要提出足够证据加以反驳。当事人共同自行委托医疗损害鉴定,是双方行使处分权的表现,要适当降低采信门槛。

The medical damage identification entrusted by one party,which is regarded as authentication opinion of the eight types of evidence stipulated in the Civil procedure Law,is lower than the identification entrusted by the court in terms of probative force.The authentication opinion will be admitted in court if it is accepted by other parties.The authentication opinion will not be admitted in court simply because it is not accepted by other parties.In addition,other parties should provide adequate evidence to contradict the authentication opinion.The medical damage identification jointly entrusted by the parties,which shows that both parties exercise right to dispose,The threshold of acceptance should be lowered properly.