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Civil Medical Disputes Reversal Of The Burden Of Proof

Posted on:2008-12-15Degree:MasterType:Thesis
Country:ChinaCandidate:J Y DingFull Text:PDF
GTID:2206360218460849Subject:Civil Procedure Law
Abstract/Summary:PDF Full Text Request
It is no doubt that the distribution of the burden of proof is the core of issue of evidence if evidence is thought as the central issue of civil litigation procedure. As an important institution, distributing the burden of proof not only reflects the value choice and the style of a country` s litigation in some degree, but also decides litigants` fate in essence .Therefore, many jurists still pay attention to it since Rome times to now. We distribute the burden of proof according to civil law system` principle, but it has been questioned and challenged in some special tort cases. In order to relax social contradiction and satisfy trial need, Supreme People's Court comes on,converting the burden of proof to the defendant in the action of medical disputes. It brings so much positive effects as negative effects. Therefore, it is very meaningful to study the institution of the burden of proof in medical lawsuits.The article divides into seven parts:Introduction: The part sums up the misunderstanding thoughts in the action of medical disputes of our country and states the purpose and the meaning of this article.Part one: Introduce a few concepts and review the developing history of distribution of burden of proof.Part two: Introduce the distribution of burden of proof in different styles of medical litigation on the brief of a casePart three: Evaluate the institution of the burden of proof reversed in medical lawsuits of our country.Part four: Analysis on the factors of distribution of burden of proof in the action of medical disputes.Part five: Perfect the distribution of burden of proof and the other related institution in medical litigation of our country. Conclusion: Summarization of the significance of the article.
Keywords/Search Tags:burden of proof, burden of proof reversed, the distribution of burden of proof, medical dispute
PDF Full Text Request
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