중국의 의료분쟁해결에 있어 의료손해감정

Abstract

Since reforme and opening up, China has achieved rapid economic development. As economic achievement improves the welfare of Chinese people,the improvement of law system through Chinese society is consequently required. During the 1990s, China had extensively modified law systems, which provided legal basis for medical field. Even though the legal basis in medical field, China is still based on the general provision of Civil Law about the law issues related with civil case. Furthermore, any proper regulation and law to resolve medical dispute over medical malpractice did not exist. It was not until the year of 2009that China legislated Tort Law by which illegal acts are regulated. Tort Law also regulated the liability of damage caused by medical malpractice, and with this, the legal system to resolve medical malpractice could be established. In this analysis, technical authentication of medical malpractice will be discussed, which is in the important position as an objective evidence in order to resolve medical malpractice. Recently, in China the medical malpractice is resolved through the process of either litigation or non-litigation, so-called ADR(alternative dispute resolution). However, the medical dispute would be resolved more frequently by administrative resolution and arbitration than litigation sued by the victim. In this case, of course, technical authentication of medical malpractice is indeed playing an important role to resolve medical dispute. Nevertheless, it still has many problems in terms of the results which are different depending on who authenticates, and the standard of authentication. 656 法學論叢 第36卷 第2號Thus, the analysis will research on the basic understanding of Chinese medical dispute and dispute circumstance, first, and then examine how the process of technical authentication of medical malpractice would go through and what the problems are.