Theory And Practice Of The Prima Facie Beweis

For the allocation of the responsibility proof in medical disputes, Chinese legislativehas developed from “the claiming side should bear the prove responsibility” to“responsibility of proof inversion”, currently applicable to the general principle of faultaccording to People’s Republic of China Tort Liability Act, This has aroused widespreadconcern of the people of all fields, and discussion of the medical dispute of the allocationof responsibilities. In order to reasonably balance interests between doctors and patients,we should not only reasonably allocate responsibilities of medical institutions and patients,but also need to improve our system. In addition to the burden of proof for the rationalallocation of medical institutions and patients, also need the protection and improvement ofrelevant systems.From the comparison perspective, and combined with China’s national conditions, Ibelieve that under the environment of the medical litigation shall be applied to “TortLiability Act”, which can alleviate conflict and rebuild harmonious relationships betweendoctors and patients.The first chapter is more about theories, including the definition and nature of primafacie beweis and its development at home and abroad. it start very late in china, it is ofgreat importance to analyze the theory, then can we apply it better in medical disputes.The second chapter explores the current situation of medical disputes in china. fromchina’s legislation for the revision, we can see that china has attached great importance onit. The analysis of judicial adjudication tell us the necessity of prima facie beweis.The third chapter analyzes typical cases of application of the prima facie beweis inmedical disputes in foreign countries, which not to show us how prima facie beweis is usedabroad, but more about draw lessons from it to serve for our country. The fourth chapter talks about the reasonable usage of prima facie beweis in medicaldisputes in china. and its application scope mainly about subjective fault and cause andeffect. how to gain control its application in judicial is the most important point of thischapter.