Research On The Allocation Of The Burden Of Proof In The Medical Damage Compensation Litigation

Proceeding from the history and current status of the doctor-patient relationship conflicts, the text mainly concerns to the litigation of medical damage compensation, and the burden of proof of causality and fault. Centering on the relevant provisions of "the Supreme People’s Court on a number of provisions of the Civil Evidence" and "the People’s Republic of Tort Liability Act", the author elaborates her view on the burden of proof, so that it will improve our medical damage compensation litigation, promote the process of China’s legal construction, and speed up the solution of the medical disputes, thus contributing to our society harmony and stability.The full text is divided into six parts:in the first part of the text, the author mainly introduces the contradiction of physician-patient relationship, pointed out that the inadequacies of "the Tort Liability Act" on medical damage compensation litigation are in the allocation of the burden of proof responsibility, and proposed the motivation and significance of this paper. On the basis of analyzing the research trends at home and abroad, the author proposes the path of research of this paper.The second part, the author elaborates the basic theoretical questions on the medical damage compensation litigation and the burden of proof. The misusing of the concept of medical malpractice, medical errors, and medical negligence, seriously affects the judicial unity and theoretical exchanges. In the view of this situation, I believe, the formal establishment of medical harm is scientific, which has effectively uniformed the differences in the legislative and judicial practice, but it also has fault and causation in the allocation of the burden of proof in "the Tort Liability Act".The third part, the author introduces typical cases of judicial practice in China, in order to further analyze the legislative background of "the Supreme People’s Court on a number of provisions of the Civil Evidence" and "Tort Liability Act", revealed its problems in practice in the medical damage compensation litigation, pointed out the need for its further improvement.The fourth part, around the analysis of fault liability principle, the author describes the controversy of imputation principle of the medical damage compensation litigation, and proposes the rationality of the fault liability principle. Also points out that, the Article58of "the Tort Liability Act" has many problems. Referencing the measures how to alleviate the difficulties the presumption of fault in the strict sense in foreign legislation, improves the measures taken in the medical damage compensation litigation.The fifth part, surrounding the allocation of the burden of proof of causation, the author briefly describes the correspondence theory of causal relationship, and points out that the controversy in academia of how to assign the burden of proof of causation has been not provided, and then proposes author’s view. The sixth part, due to the continuous development of academic theory, the theory of the allocation of the burden of proof of fault and causation also varies. And looking forward to the further development of the medical profession, the real solution to the physician-patient relationship also depends on its improvement together with other systems.