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Study Of The Burden Of Proof In Medical Tort Civil Action

Posted on:2004-10-02Degree:MasterType:Thesis
Country:ChinaCandidate:X N LiFull Text:PDF
GTID:2206360095963118Subject:Science of Law
Abstract/Summary:PDF Full Text Request
In recent years, the cases of medical torts have been increased dramatically. The medical tort litigation has roused wide attention in the society. In the medical litigation, the burden of proof is directly affects the fair settlement of the case and balance of the two parties' benefits. The article firstly states the concept of burden of proof and the division of burden of proof. It introduces the important doctrines of two legal systems on the division of burden of proof. Then it elaborates the theme of the division of burden of proof. The article analyzes the characteristics such as professionalism, non-determinacy and riskiness, etc. of the acts of medical treatment. The unequal status in litigation of the parties of hospitals and patients in such cases is thus induced just for these characteristics, so there is a need to convert of this burden of proof in order to balance the benefits of the parties. The article focuses on discussing the burden of proof that should be respectively taken by the parties of hospitals and patients after the conversion pf burden of proof, the legal value of this conversion and effects to the medical realm in our country. At last, the article states the division of burden of proof in the countries of the two legal systems from two aspects of the theory and judicial practice. After making comparative study on practice of the two legal systems and conversion of burden of proof in our country, this article put forward the assumption: our country shall make in-depth research on the issue of burden of proof in the medical tort litigation from the aspects of theory and practice, and while follow the current legislative regulation-performing the conversion of burden of proof in the medical tort litigation, form the finer division of burden of proof for the different types of medical tort cases through the judicial practice.
Keywords/Search Tags:Medical
PDF Full Text Request
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