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Presumption Of Fault Of The Medical Tort Liability

Posted on:2012-01-29Degree:MasterType:Thesis
Country:ChinaCandidate:L C ZhangFull Text:PDF
Abstract/Summary:PDF Full Text Request
Through researches on the related topics, this thesis puts forward the logical deficiencies and grammatical mistakes prone to ambiguity on the Article 58 of the Tort Liability Law of the People's Republic of China and provides some suggestions. Meanwhile, it develop a deep analysis on legal presumption, causality, and the right of defense, so as to achieve the standardization of the application of law and further improve studies on presuming faults of the medical tort. Its ultimate purpose is to gain the reasoning method to resolve disputes in judicial practice.In the seventh chapter of the Tort Liability Law of the People's Republic of China, it is devoted to the medical malpractice liability, which elaborates the specific provisions of the Medical Injury Liability and principle of presumption of fault. And it notifies the obligations and the circumstances of presumption of fault. Particularly in the fifty-eighth article, it specifies the case of presumption of fault that "patients with damage to one of the following circumstances, the presumption of medical institutions at fault". The author makes a discussion on its cause and effect relationship and confused behavioral issues and provides some suggestions towards this article for the purpose of reducing the ambiguity.
Keywords/Search Tags:medical tort, fault presumption, the burden of proof
PDF Full Text Request
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