不得於本案訴訟採為證據或裁判基礎【本期企劃】 試閱
It’s Not Allow to Be the Proof or the Foundation for Judging in the Issued Case
為實現「醫療事故發生後及時的醫院內關懷」、「有初步判斷為基礎的調解機制」，以及「提供能坦誠自省環境的除錯機制」，醫療事故預防及爭議處理法設有不少強烈目的取向之規定，並以特殊字串作為該法條文；然此一立法方式是否將對醫預法未來於實務之適用產生疑義，值得關注。本文擬以「不得於本案訴訟採為證據」字串在刑事證據法上之解讀為例，進行爭議分析。
In the process of legislation of Act of Prevention for Medical Accidences and Disputes, it contains an expectation from legislators that something shouldn’t be the proof for the lawsuit according to some specifical rules, in order to mediate the interest conflict between parties. Therefore, the sentence like “It’s not allow to be the proof or the foundation for judging in the issued case” has been shown in six rules separately. It had been disputes during the legislation and it could be foreseen that there will be more after entering into force. How does it go in the future? It is worth observing.
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