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由于医疗纠纷诉讼案件审理内容的特殊性,一般情况下在审理过程中都进行医疗技术鉴定。各地医学会组织专家进行鉴定,但由于医学会的复杂身份及制定的不完善,导致鉴定结论公信性、公平性、公正性和法律性不强。对此笔者建议应当从资格审查、法律责任、出庭质证、社会监督四个方面完善相关的法律制度,建立健全的监督机制。以保证医疗诉讼案件的公正、公平审理。
Due to the special nature of the trial of medical dispute litigation cases, medical technology appraisal is conducted during the trial. Medical experts from all over the world have been identified by experts. However, due to the complex identity of the medical association and the imperfectness of the medical association, the conclusion of the appraisal is unreliable, fair, just and lawless. In this regard, I suggest that the legal system should be improved from four aspects: qualification examination, legal responsibility, proof of court appearance and social supervision, and a sound supervision mechanism should be established. In order to ensure a fair and fair trial of medical litigation cases.