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China 's Medical Tort Litigation, The Burden Of Proof Allocation

Posted on:2012-11-18Degree:MasterType:Thesis
Country:ChinaCandidate:X M WangFull Text:PDF
Abstract/Summary:PDF Full Text Request
The doctor-patient relationship in the status quo is a lot of experts, scholars and the public attention, the current focus of medical disputes litigation case presents the explosive growth of trend, medical institutions and medical personnel and patients more intensified conflict. In the medical dispute lawsuit case, the allocation of the burden of problems in the relevant laws and regulations is always dedicated to the key standardized and improved continuously. In our country, "who advocates, who proof, principles and "inverted" burden of legal establishment principle is currently respectively applicable to general medical disputes litigation and medical tort litigation the allocation of the burden of principle. Based on synthetic analysis of medical disputes the allocation of the burden of litigation at the same time, focus on problems of "the burden of the principle of research and analysis, to improve the onus probandi some Suggestions and feasibility measures.This paper from the burden of medical disputes the theory and the basic theory in hand to differentiate the classification of medical dispute, characteristics and produce medical disputes the legal and practical reasons for litigation in China after medical disputes, clear the legal regulations applicable lawsuit status quo. Secondly, introducing foreign medical infringement lawsuit of burden of proof relevant regulations and clear medical disputes lawsuits in general the burden and burden of contact and the different, in this focus on the study and analysis of the burden of the medical tort litigation application condition and judgment standard. Finally, this paper further research in medical onus probandi tort litigation in the applicable legal significance and the deficiencies of the foreign legal system, reference for the allocation of the burden of relevant principles of our medical care, to improve the allocation of the burden of tort litigation Suggestions and measures.Medical tort litigation of burden to carry out the principle, although reduced the burden of proof for patients with difficulty, to patients' rights protection, medical institutions and restrain the operation regulation of medical staff diagnosis, reducing the judicial waste of resources, but also increased medical institutions and medical personnel's burden, prompted "defensive treatment" appeared, in the interests of the damage while delaying the patients with the development of medical science.
Keywords/Search Tags:Medical disputes, medical tort, tort liability, The allocation of the burden of evidence
PDF Full Text Request
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