关键词: 医疗侵权, 司法鉴定, 过错, 事实, 法律

Abstract: The important elements in China's medical tort litigations involve professional medical knowledge. So,a judge usually commissions judicial appraisers to identify the "fault" and "causal relationship" of medical infringements. However,the public nature of the judicial power determines the judge's monopoly of the fact cognizance and the application of laws. The judge can consign part of professional medical facts appraisal to judicial appraisers. Judicial appraisers have no right to determine the "fault"of the party concerned,which is a leal issue and can only be performed by the judge. Therefore,in medical tort civil litigations,the judge's right of applying laws should cooperate with judicial appraisers' professional medical knowledge to determine the "fault".

Key words: medical tort, judicial appraisal, fault, fact, law