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构建我国医疗诉讼程序关键在于事实认定方面如何通过各种制度之模块相衔接。与普通诉讼程序相比,医疗诉讼程序在事实认定方面亦有其特定问题,我国目前无相关规范以处理医疗诉讼程序事实认定方面问题。本文认为结合我国国情,对医疗诉讼之事实认定程序进行模块化构筑,在现有的民事诉讼制度下内化为特定的医疗诉讼程序,可实现各个分支程序以模块相衔接。
The key to the construction of medical litigation procedure in our country lies in how the various aspects of factual identification are linked through the modules of various systems. Compared with ordinary litigation procedure, medical litigation procedure also has its own specific problems in factual determination. At present, there is no relevant norms in our country to deal with the factual determination of medical procedure. In this paper, it is considered that in combination with the national conditions in our country, the procedure of establishing the fact-finding procedure of medical litigation can be modularized and built into a specific medical litigation procedure under the existing system of civil litigation so that the various branches can be connected by modules.