Burden Of Proof In Medical Damage Dispute Abstruct

The Tort Liability Law of the People’s Republic of China gives us thenew method to solve the problem of allocation of the burden of proof inmedical damage disputes. But the regulations are not perfect and will causethe problem of lacking predictable. So this paper use empirical research inthe manner of comparison to find how to improve the system of allocationof the burden of proof in medical damage disputes in our country.In addition to the introduction sector and the conclusion sector, thearticle is divided into four chapters.The first chapter seeking to notion of medical tort. In this chapter, theauthor raises a new conception to medical damage behavior which solvethe garble problem of using the notion of medical malpractice and medicaltort. Meanwhile，the feature and connotation of medical damage disputesare given.The second chapter is to discuss the principle theory in the allocationof the burden of proof in medical damage disputes. This chapter show thetheory of the burden of proof as the starting point, expound the principle inthe allocation of the burden of proof by the notion and legislative status ofthe two legal systems. At last, the chapter underlines the importance of theallocation of the burden of proof in medical damage disputes.The third chapter is to explain the allocation of the burden of proof inmedical damage disputes in China. This chapter first reviews the history ofallocation of responsibility in China’s medical damage disputes and then, discusses the balance of interests behind the principle of the burden ofproof in medical damage disputes with the liability principle as the startingpoint. Also the chapter analyzes the quality of the clause related in the TortLiability Law of the People’s Republic of China.The last chapter is about the perfection to the allocation of the burdenof proof in medical disputes. The chapter first discusses the factors thatneeds to consider in the burden of proof in medical damage disputes. Then,in the purpose of easing the doctor-patient relationship, the chapter raisesadvices to enhance the predictability and operability of the regulation inTort Liability Law by giving the systematization to medical harm behaviorin character.