Study On Distribution Rules Of Burden Of Proof In Medical Disputes

On December 26, 2009, the 12th meeting of the 11th National People's Congress standing committee passed and released the tort liability law of the People's Republic of China, which was carried out on July 1, 2010. The 7th chapter of this law, in the form of law to regulate medical malpractice liability and behavior of doctor-patient, especially, the rules of burden of proof in medical disputes has a huge change, which will have a major impact on handling medical disputes. The allocation and bear of burden of proof between doctors and patients will be as an important factor to affect outcome of litigation. In recent years, the legislative and the Judicial are exploring positively. Studying the rules of burden of proof in medical disputes deeply and solving puzzles of burden of proof between doctors and patients scientifically and fairly to construct harmonious relationship of doctor-patient, which have important theoretical and practical value. So it is the purpose to write this paper, which is divided into 4 chapters.The first chapter briefly introduces the related provisions of law on proof rules in medical disputes and summarizes the concept and types of medical disputes, even the evidence and the provision of proof of medical disputes. It also introduces legislative development phase and process of proof rules in medical dispute of our country, even the general situation of Germany, Japan, USA, France and China's Taiwan.The second chapter studies the relevant regulations of the allocation of Tort proof liability of medical before our Tort Liability Law and analyze the rules of evidence before the ordinance of medical accidents disposal,"Who advocates, who proofs". It also research the burden of doctor-patient in the case of the inversion of burden of proof in medical disputes and analyze the influence on doctor-patient if the burden of proof in medical disputes converts and even the advantages and disadvantages of applying to the rules.The third chapter studies the influence of Tort Liability Law on the burden of proof in medical disputes. Combine with the general liability-attributing principal of personal injuries tort to analyze the liability-attributing principal of medical damage and studies deeply the influence of Tort Liability Law on the burden of proof between doctors and patients.The fourth chapter is on the basis of analyzing the current laws and judicial interpretation. Aim at the tort liability law, which exists many unreasonable aspects on the provisions of burden of proof in medical disputes. Such as reducing the burden of hospital's proof and aggravating that of patients'. The design of the provision of burden of proof hasn't realized the balance of doctor-patient. So I suggest that we should construct reasonable provisions of proof in medical disputes.