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新修订的《中华人民共和国民事诉讼法》于2013年起开始实施。当事人对鉴定结论有异议,要求鉴定专家出席法庭作证已是大势所趋。医学会开展医疗事故(医疗损害)鉴定,专家签名和出席法庭的问题已经没有讨论的必要,如何采取措施积极应对是医学会要迫切考虑解决的问题。医学会、相关专家学者对这一问题进行过多次讨论,提出了多种建议、过度办法以及应对措施,但具体如何操作,还需要在实践中总结和探索。笔者以为,塑造和培养一支优秀的鉴定专家队伍,保证鉴定结论客观、科学、公正,写好鉴定书分析意见,使鉴定结论令当事人信服,是解决这一问题的关键。
The newly revised “Civil Procedure Law of the People’s Republic of China” came into effect in 2013. The parties disagree on the conclusion of the appraisal, requiring experts to attend court testimony is the trend of the times. Medical Association to carry out medical malpractice (medical damage) identification, signature and attending experts to attend the court has no need to discuss, how to take measures to actively respond to the medical society is urgently considered to solve the problem. Medical Association and relevant experts and scholars have discussed this issue many times, put forward many suggestions, over-measures and countermeasures. However, the concrete operation needs to be summarized and explored in practice. The author believes that it is the key to solve this problem to create and train an excellent team of experts to ensure that the conclusions of the appraisals are objective, scientific and fair, and that the appraisal opinions are written and the appraisal conclusion convinced the parties concerned.