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《侵权责任法》颁布实施已经2年多,国家立法机关及最高人民法院迟迟没有出台关于医疗损害技术鉴定的法律解释。一些省、直辖市出台了地方性规定,但做法各不相同,理论上并没有彻底解决鉴定二元化的问题。目前部分地区医疗损害司法鉴定似乎出现一种无序状态,严重影响了医疗损害争议案件的解决,急需尽快完善顶层设计,规范鉴定机制,尽快结束鉴定的二元化局面,为医疗损害争议案件诉讼的解决提供保障。
The Tort Liability Act has been promulgated and implemented for more than two years. The state legislature and the Supreme People’s Court have not yet promulgated the legal interpretation on the technical appraisal of medical damage. Some provinces and municipalities have promulgated local regulations, but their practices are different. In theory, the issue of duality in appraisal has not been completely solved. At present, there appears to be a disorder in the medical appraisal of forensic injuries in some areas, which has seriously affected the resolution of disputes over medical damages. Therefore, it is imperative to improve the top-level design and standard appraisal mechanism as soon as possible and put an end to the duality of appraisal as soon as possible. The solution to provide protection.