Determine the extend of compensation association with medical dispute——call in question to the section 49 of the The rule of medical accidents settle

There are contradictions between “The rule of medical accidents settle” and the principle of civil law and the judicial practices, so that some difficulties was caused for the patience when they try to obtain the judicial remedies, while the judges face the very similar problems. This essay tries to disavowal the view “no medical accident no compensation” by explaining the concept of medical malpractice, citing the very lately judicial practices, comparing the relevant domestic laws as well as discusses the improper infection of the evaluation to the judgment. Besides, this essay brings forward three kind of viable measures: restrict the limits of authority of the medical academy evaluation; conclusion of accidental evaluation is only a kind of evidence; the judicial expertise; medical academy evaluation and judge himself can identify the tort facts.