On The Burden Of Proof Of Medical Damage In Tort Law

The implementation of the tort liability law is medical damage on the law applicable to a new milestone. This method is discussed with rules on the medical damages responsibility, establishes the rules of medical damage new relief, and the principle of fault liability for medical damage basic imputation principle, become a bright spot in the legislation, aimed at by adjusting the distribution of burden of proof is to reconstruct a harmonious doctor-patient relationship, balance the patient rights and interests. But also has shortcomings in legislation, regulations of medical damage the burden of proof is unitary, medical treatment fault and causality recognition difficulty, imperfect medical appraisal system, make patients burden of proof, rights to take legal means. Based on this, based on the problems in the judicial trial of, in this paper, the medical damage the burden of proof system were discussed, and practical and guiding significance, also issue certain theoretical basis for future research.This thesis is divided into four parts.The first part elaborates the basic overview of the medical liability for damage. First analyzes the concept of the medical damages responsibility, clarifying the related concepts, and analysis of medical damage liability based on tort law regulations types, determine the scope of this article.The second part discusses the medical damage the burden of proof allocation. First interpret the meaning of the burden of proof and its distribution, introduces the theory of distribution of evidential burden and imputation principles, the theoretical basis of the burden of proof. On top of that, analyzes the various periods of medical damage burden distribution law, and to introduce foreign related regulations.The third part analysis the completion of medical damage the burden of proof. Through the analysis of the medical liability for damage constitutive requirements, one by one for each requirement need proof to prove the contents, prove, which emphasizes "fault" and "causality" is more difficult that two key elements.The fourth part is a reflection of the medical damage the burden of proof in China. In pointed out the problems existing in the medical damage the burden of proof in our country, on the basis of the refinement of medical treatment fault judgment standard and perfecting the system of party the burden of ease, refactoring medical damage appraisal system, optimize the trial mechanism four aspects of the proposal.