On Civil Medical Damage Liability Litigation In The Allocation Of The Burden Of Proof

With the development of the medical treatment and public health system, the medical malpractice suit is a social nowadays of hot point problem, is also a judicial judgment to practice medium of point crux problem. Burden of producing evidence is the key to the resolution of the medical malpractice suit. By discussing the basic theories about burden of producing evidence and the practice of the resolution of medical malpractice suits in foreign countries and other areas of our country, it tries to achieve a balanced allocation about burden of producing evidence between the medical institutions and the patients in this thesis. This thesis, with approximately 21,000 words, consists of four parts as shown below.PartⅠ. Introducing the definition of the responsibility of medical damage, the concept of the allocation about the burden of proof and the concept of the allocation about the burden of proof in the lawsuit of medical damagePartⅡ. Discussing the basic theories about burden of producing evidence and the practice of the resolution of medical malpractice suits in foreign countries and other areas of our countryPartⅢ. Summarizing the current situation of the allocation about burden of producing evidence and the practice of resolution of medical malpractice suit in our countryPartⅣ. Making suggestions to develop the allocation about burden of producing evidence in medical malpractice suit field in our country on the basis of analyzing the reasons of the negative effects of the conversion of the burden of producing evidence...