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The Study Of Medical Tort Litigation, The Burden Of Proof

Posted on:2012-08-25Degree:MasterType:Thesis
Country:ChinaCandidate:J J PengFull Text:PDF
GTID:2216330344450167Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
With the legal system and the strengthening of medical knowledge and the protection of individual rights, medical tort litigation cases are increasing. In which both doctors and patients about the allocation of the burden of proof and commitment issues, with the need for theoretical discussion and research. Supreme People's Court in 2002 to implement "on the Civil Evidence provides that" specified cause in medical malpractice tort action reversed the burden of proof rules, the implementation of the principle of presumption of fault, the 2010 implementation of the "Tort Liability Act" and also established responsibility principle of medical disputes is a fault principle, and the responsibilities attached to the principle of presumption of fault conditions, more so in the social life of the issue of widespread concern.In this regard, I, as the composition of the medical elements of tort liability and medical tort litigation burden of proof to understand, to combine the relevant regulations and doctrine, fault and causation from the two in-depth analysis of its commitment to the implementation of fault medical tort disputes and the principle of combining the presumption of fault by the rules fairly on Causation in fact and legal cause and effect relationship between the two levels of analysis, which describes the improvement of means of medical infringement disputes.Medical tort disputes both in relation to the right to life and health of citizens and property, it also involves the vital interests of medical institutions, to correctly handle such disputes for the social stability and protect the legitimate interests of both doctors and patients is of great significance. Rational allocation of the burden of proof, you can ensure that patients in the condition of asymmetric information and knowledge, their legal rights are protected, balance Burden of Proof, to achieve equality between doctors and patients; rational allocation of the burden of proof can be fully involved to ensure that medical treatment, heal the sick, and not too heavy because of the legal risks of medical treatment did not dare to try innovative ways to tackle tough, intense medical management order to improve medical service quality; rational allocation of the burden of proof to protect the interests of the weak, to achieve fair proceedings, improve judicial efficiency, as the court or justice provide a strong basis. This thesis is hoped that through the law on medical tort litigation burden of proof of relationship and to explore suitable for China's current medical tort litigation burden of proof mechanisms to better protect the legitimate interests of both doctors and patients, and establish a harmonious medical patient relationship, safeguard judicial justice and social stability.
Keywords/Search Tags:Medical tort litigation, Fault, Causality, Burden of proof
PDF Full Text Request
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