The law of liability for tort will be implemented since July 1 How to analyse and explain " Two yuan melts " Qualification

The law of liability for tort will be implemented since July 1 How to analyse and explain " Two yuan melts " Qualification
" liability for tort law of the People's Republic of China " (abbreviate law or new law as the liability for tort) Have already been approved by the 12th session of the Standing Committee of the 11th NPC on December 26 of 2009, will implement since July 1 this year. The authority comment of the industry, this is after passing the law of real right in 2007, another extremely important achievement in the civil legislation activity of our country. In order to understand the law of liability for tort better, is sponsored by bar association and Taiyuan intermediate people's court of Shanxi, the first provincial capital forums of judge and lawyer of Shanxi that Huang Huanghe Lawyer' s Office in Shanxi did jointly were held in Taigu county a few days ago
Staff reporter Wang Bin This newspaper intern Li JiLian
The same as other laws, this new law is difficult with all possibilities of limit, and because objective conditions such as traditional, legislative technology and generality principle of the legal norm,etc. legislated influence, a great deal of deficiency still exists. Judge and lawyer here expect the Supreme People's Court can issue relevant judicial explanation, give further normal, thinning, clear.
The conferee sets out with trying practice in terms of law theory, has published one's own view one by one, and put forward the corresponding suggestion.
Analyse and explain " two yuan melts " Qualification
In the dispute case of medical compensation for damage, have been determining existing " two yuan melts " all the time Question. First, the technical appraisement of the malpractice, second, the judicial fault is appraised. " two yuan melts " Will cause medical treatment infringe different results compensated for. The ones that form the malpractice are applicable to " medical crash handling regulations ", the fault of the hospital is heavy, the patient is disastrous, but the compensation project lacks (11 items) ,The standard is low; Covered by " general rule of the civil law " and " explanation on trying several questions of dispute applicable law of personal compensation for damage of the Supreme People's Court " without forming the malpractice, the fault of the hospital is light, the patient loses youngly, there are many compensation projects (15 items) ,Compensation number is high.
The implementation of the new law can solve medical treatment and damage determining and compensate effectively " Two yuan melts " The question, but the current situation favorable to the medical organization to appraising the result, especially appraise the malpractice, the patient thinks the medical association is under the jurisdiction of the health bureau, the health bureau is the administrative responsible institution of the hospital, the stake exists between the two, its fairness is doubtful.
Propose one: Propose being should be given in judicial explanation clearly, propose the storehouse of expert who unifies the technical appraisement of the malpractice, set up a nationwide expert's storehouse, arrange certain expert in different places in the expert who is discussed jointly; The surveyor should sign on the testimonial, increase the surveyor's responsibility; Propose, increase surveyor, want, appear in court, accept regulation of inquiry, make, it determines the result to be further more just cognition and case result better.

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