The Burden Of Poof Study Of Medical Malpractice

There are 4 chapters in this article including the preface and epilogue:The first chapter is the summarize about the burden of proof system for medical malpractice. It mainly deal with the concepts of medical malpractice,the burden of proof,The above concepts include meaning,characteristic,habitude and function.Medical malpractice consists of fault,consequence and damaged outcome. It is part of generic infringement,which is applicable to the principle of fault presumption. The burden of proof is also called onus probandi. Its meaning has many theories. It has dual meaning in both China and aboard. The primary feature of the burden of proof is that the person who avoids the burden of proof should undertake the dangerous result which is not propitious to the judgment. The effect shows mainly that it can guide judges to judge how the lacking a sense of duty side many undertake the detrimental result when the fact is not clear. the connection between consequence and immediate consequence are formal and noumenal,procedure and substance,dynamic and static,for Medical Malpractice.The second chapter is the summarize about the llocating burden of proof for medical malpractice. It mainly deal with the concepts of the llocating burden of proof , The above concepts include meaning,characteristic,habitude,and function. At all times and all lands,there are many different theories regarding the allocatinon of the burden of proof. The theorization of our country is hit hard by the continental legal system. They treat the legal requirements as the general theory of our country. The purpose is to increase the judicial benefit and reduce the judicial cost. The inversion of the proof of medical Malpractice is a specific form which is proved as the proration of consequence.Its purpose is to balance the quotation ability of lawsuit,and to protect the weaker ones.The third chapter is about the current situation and the reasons for medical malpractice. It mainly deal with this and find out three statements in provable task,the evidence states related to the law for Medical Malpractice with provalble task of distribution system is curdled,absolutization and finity of action. The main reason is because of the incompletely method to appeal to effect civil matters and medical Malpractice.The fourthly chapter is about the assume to rebuild and the system to perfect of burden of proof for medical malpractice. It mainly deal with rebuild medical Malpractice and to put forward a new theory is to use fair and to protect the weaker ones. In frondose pendente lite of medical malpractice , The weaker ones may shift between the patient and doctor.When the doctor is in the weaker station,The provision about the seventieth-five item of The Provision of Proof"is finity in effect for the dissension of medical malpractice . It is one of the reason for the doctor quote difficultly or impuissantly. So to use fair and to protect the weaker ones and medical characteristic,It is a instance about the dissension to settle medical malpractice adding into the seventieth-five item of"The Provision of Proof".