Reflection And Reconstruction Of The Principle Of Imputation Of Medical Damage

The dispute of medical damage compensation is a special kind of civil dispute, its particularity is mainly determined by the particularity of the medical action. After the occurrence of medical damage, if the use of judicial relief channels, patients and medical institutions in an unbalanced state, resulting in patients with medical damage after the claim can not be. At present our country in the field of medical identification are two track system, namely, the existence of medical accident identification and the medical fault identification, the effect of two kinds of identification methods of patients eventually claims results is different, although after the implementation of the "tort liability act", using a variety of imputation principle, but each imputation original is using all of the inadequacies of the existing, in order to better balance between patients and medical institutions of contradiction, it is necessary to of China’s medical damage liability principle of reconstruction.This article is divided into five parts to reflect on the principle of liability for medical damage in our country and put forward the reconstruction:On the basis of the first part according to the practice in handling with medical damage cases as the starting point, leads to highlight the several problems in the field of medical damage: the medical damage patients after obtaining evidence of timeliness, identification accuracy and the judgment of the court.The second part introduces the development course and the present situation of our country’s medical damage liability principle. By the medical damage basic concepts, elements and the nature of, in the history of our country is applicable to the imputation principle of list: fault liability principle, the principle of presumption of fault, fault is the principle of presumption of fault and no fault to supplement.The third part is the reflection on the relevant laws of the current medical damage in our country. It is mainly based on the principle of imputation and the appraisal mechanism, and reviews the deficiency of the principle of liability fixation and the appraisal mechanism in the present law. Such as fault liability principle in patients not exposed to first-hand records caused by the difficulties of proof; under the principle of presumption of fault, in our country, the legal provisions are too general, resulting in the narrow scope of application of the law; our existing two sets of identification mechanism, coupled with the high cost of identification, repeat the identification of frequent. As a result, the identification the identification difficult, it is difficult to identify is admissible in court.The fourth part puts forward the way to reconstruct the principle of liability fixation in our country. In the field of medical damage, the burden of proof should be implemented to ease the system, the benefit of the system is to avoid the plaintiff to bear the burden of proof is too harsh, so as to better identify the facts of the case. Promote the standardization of medical dispute identification system, mainly to get rid of the identification of the dual track system and the identification of the problem. Improve the medical liability insurance system, so that patients and hospitals are more protection.The fifth part is the conclusion, which summarizes the full text.