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在《侵权责任法》实施以前,医疗侵权诉讼处于混乱的状态,最典型的就是诉讼案由二元化,法律适用二元化,以及医疗鉴定二元化。《侵权责任法》制定的主要目的之一就是要解决医疗侵权诉讼中的混乱局面,将案由、法律适用、医疗鉴定的二元化向一元化回归,以保障法律的权威性和司法统一。然而《侵权责任法》只完成了诉讼案由、法律适用的统一,医疗鉴定是否能够统一并未
Before the Tort Liability Act was implemented, medical tort litigation was in a state of chaos. The most typical cases were the litigation case being dualized, the dual application of law, and the dualization of medical appraisal. One of the main purposes of the Tort Liability Act is to resolve the chaos in the medical tort litigation and to return the duality of the application of the law, the application of the law and the medical appraisal to the unity in order to guarantee the authority of the law and the judicial unity. However, “Tort Liability Act” only completed the lawsuit, the application of the law unification, medical accreditation can not be unified yet