The Distribution Of Burden Of Proof In Medical Disputes

In recent years, due to increasing legal consciousness of patients with, further intensification of the contradictions between doctor and patient, medical disputes has become an indisputable hotspots. In medical dispute cases in trial, directly to a very important problem that is faced by medical doctors and the distribution of burden of proof. Medical dispute in allocation of burden of proof in civil proceedings as a major system, is a system of burden of proof in civil substantive and concrete application of the civil procedure law. In China medical dispute of proved responsibility distribution experience has three a different of stage:1982People’s Republic of China Civil method (pilot) under made has "who advocates, who proof" of principles to determines proved responsibility of belonging, this principles its essentially reflected in medical dispute of action in the often is patients is a comparison vulnerable of status, because as long as on up medical dispute is most are is patients to court on medical institutions brought of action, According to the provisions of those principles would require in themselves provide all supporting evidence of his claims, this is still very much stress caused to patients. This problem is in China legislative who awareness to zhihou,2002years highest homes of on civil evidence of several provides under will its proved responsibility modified became requirements medical institutions also bear part responsibility of system, is requirements medical institutions on its medical behavior and on patients caused of damage results Zhijian does not exists causal relationship and itself does not exists fault to made evidence, but implementation this system of results is led to medical dispute no reduced instead has increased. Lawmakers in2009of the tort liability Act and on the distribution of burden of proof in medical dispute in China in some modifications to the system requirements, but according to scholars and detailed analysis by think it modifies the contents of some of the flaws and deficiencies. Visible medical disputes in China Although the burden of proof has been added, but these provisions are not very well solve the related distribution of the burden of proof in medical dispute, lawmakers also want so we continue to try to find and develop under the overall distribution of burden of proof in medical dispute in China’s laws, of harmonious doctor-patient relationship. Proposed through the analysis of the current situation of medical disputes in this article, compared to foreign medical disputes related to distribution of burden of proof theory, identify problems in the distribution of the burden of proof in medical dispute, attempts to put forward comments and suggestions to solve the problem and scientific system of distribution of the burden of proof of establishing Chinese medical disputes. Total of three parts full text:Start with the first part is from the basic theory of the burden of proof, defined the concept of medical disputes and general type of tort liability and the introduction of the Act on the redrawing of the kinds of medical disputes, discusses burden of proof theory of meaning, the main principle of burden of proof and the burden of proof in medical dispute lawsuit particularities of distribution.The second part dealt with on the basis of the preceding, introduction to British and American countries, Germany, and Japan as well as the distribution of the burden of proof theory in Taiwan and found China’s principle of burden of proof and Britain and the United States, Germany, and Japan and China’s Taiwan area characteristics in common, and pointed out the inadequacy of China apply the principle of complete inversion of the burden of proof. In my view, part of the responsibility in the implementation of the burden of proof in medical dispute lawsuit by medical institutions to provide the evidence to prove it is worthy of recognition, but this provision is reflected in the actual issue we cannot ignore and that appears to be belittled. Main problem is based on the full onus provision appears the risk of litigation and medical institution continually buck from blindly Swingman zoom in more doctors and patients with serious problems of distance. So, to balance the relationship between doctors and patients, the development of a system can improve the distribution of burden of proof in medical dispute in China has become the main task of the future in medical litigation in China.The third part by reviewing the distribution of the burden of proof of medical disputes in China’s current legislation, analysis of the existing law on the tort liability for inadequate distribution of the burden of proof of medical disputes in China is successful and, finally made their own system of distribution of the burden of proof should be resolved if point of view. I believe that in our country, we show that the distribution system of medical disputes is the existence of many shortcomings still, legislators should invoke find as soon as possible and to develop mature practices in foreign countries can improve the system of distribution of the burden of proof of medical disputes in China’s laws and regulations, so that we can for the judiciary to relieve stress.