On Medical The Damage Liability Disputes The Burden Of Proof Allocation

in recent years, as medical science cause of flourish and people rule of law consciousness, and activist consciousness and self-protection consciousness of constantly enhanced, medical damage responsibility disputes litigation case year by year growth trend very obvious, medical damage responsibility disputes in community has became has increasingly concern of hotspot and focus problem, while its case significantly of growth also on judicial way of specification and how resolve good medical-patient disputes made has more high of requirements. As of July 1, 2010 People's Republic of China tort liability Act (hereinafter referred to as the tort liability Act) implementation of the distribution of the burden of proof in medical lawsuit has undergone fundamental changes. Seventh chapter of the tort liability Act of medical liability for damage to the special provisions, reflects the legal deterrent force serious, fair and just. Such rule of onus probandi to some extent balance the doctors of both interests, partial eliminates burden of medical institutions, expanding the protection scope and intensity to medical institutions but objectively heavier burden in litigation in patients with it. This author specific combination of trial practice, by thinking of medical liability disputes system of allocating the burden of proof, in an effort to construct harmonious doctor-patient relationship of mutual trust, mutual, protect the legitimate rights and interests between doctors and patients, maintain social stability and order and made their contribution to development of medical science.