The Allocation Of The Burden Of Proof Our Country Medical Tort

In recent year, the medical treatment injures the dispute case is more and more, the medical treatment damage dispute become the problem that our society extensively pays attention to, but offer as proof the responsibility allotment problem and is its core problem processing's liking to offer as proof the responsibility allotment problem's then relating to can the candor take up the benefits that the medical treatment dispute case and balance cure to suffer from the everyone, to medical treatment injure for this text of offer as proof the responsibility allotment problem to carry on the research.At Tort law promulgated the implement past, according to the Supreme People's Court a set of The Regulations relating to the Civil Evidence System, the medical treatment injures the dispute apply to burden inversion to a certain extent balance doctor-patient for both parties, reflect the laws of fairness and justice, but it is a little bit existent problems and disadvantages, because it ignores the particularity of medical behavior, professional and complexity, fully apply the burden of medical institution may lead to the unfair, Thus will force the doctor take "defensive clinics," Since the damage all the patients benefit, and then the disadvantage smoothly develops in the medical science. The tort law has been issued and implemented, offered as proof the responsibility has certain advanced in a certain extent, timely fairness, to deal with medical tort litigation new regulations, but the law have some problems, The author will focuses on to discuss that in the allocation of the burden of health damage the success of provisions and deficiencies in this paper, also proposes some opinions and Suggestions.This text analyzes the our country medical treatment to injure the existent key problem that discusses the allocation of the burden of health damage cases related theories and standard issue, To perfect our country's medical injury case burden distribution system author put forward some of their views. This paper is divided into four parts, about 2 million words. Firstly introduces medical damage and the burden and medical damage the allocation of the burden of basic concepts, additionally expounds the medical injury imputation principle and its responsibility constitutions and the allocation of the burden of relationship. Medical damage with constitutions imputation principle depends on the allocation of the burden, so have the necessity to the medical injury imputation principle and constitutions and the relation of the responsibility allotment to carry on to detailed elaborate. Articles about the second part introduce the allocation of the burden of health damage cases of system problem, this section discusses from three respects, China's medical damage respectively from the development of the burden distribution system, at present the basic medical damage the burden distribution system and the tort liability law about medical injury in the allocation of the burden of appropriate carry on the analysis. For our country's medical damage from burden distribution system has a roughly understanding. The third part of the four elements tort liability for structure, from the perspective of tort law, analyses the allocation of the burden of health damage cases under the system of the allocation of the burden of the doctor-patient both the disclaimer situation and medical institutions. Last part of Chinese medical damage in case the burden distribution system based on understanding of malpractice and the basis of balancing the interests, to perfect our country's medical injury case burden distribution system of the author put forward some ideas, hopefully through these efforts to seek vested interests balance, promoting the healthy development of the medical and health services.