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Medical Dispute Lawsuit Evidence Preservation Research

Posted on:2013-07-21Degree:MasterType:Thesis
Country:ChinaCandidate:G X ChenFull Text:PDF
GTID:2246330395488343Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, our medical system reform is deepened increasingly, medical damageliability system has become more and more perfect. In the" Regulations on handling medicalaccidents" basis, the promulgation of the new" law of tort liability of medical liability" ofmedical disputes were standardized, back on the imputation principle of burden of proof,made new regulation. It is helpful to solve previously associated with the medical disputes inmany issues have practical significance. But as the medical evidence has its particularity, easyloss, scientific and other characteristics, so the solution of medical disputes, the fixation andpreservation of evidence is very important. Can our country medical evidence relevantevidence preservation system is not perfect, which resulted in the settlement of medicaldispute, a lot of problems, cannot very good solve the medical disputes, safeguard thelegitimate rights and interests of the parties. Therefore, this paper on the concept,characteristics, types of medical evidence of serious analysis on the basis of evidencepreservation concept, significance, methods of medical disputes, the relevant legal provisions,preservation of evidence for settlement of medical dispute, medical dispute the importance ofpreservation of the evidence effectiveness of research, summed up the medical dispute theevidence preservation deficiencies and put forward some improvement suggestions, in orderto solve medical disputes in China benefit.In this paper, except the introduction, is divided into three parts.Introduction: mainly illustrate the medical dispute lawsuit evidence preservation systemfor resolving medical disputes and importance, and to improve its realistic significance.The first part: an overview of evidence in medical dispute lawsuit. This part mainly formedical dispute lawsuit evidence concept, type, characteristic are studied.The second part: the medical dispute lawsuit evidence preservation research. This part ofthe concept and significance of the preservation of evidence evidence preservation, thepreservation method of medical dispute lawsuit evidence preservation laws and regulations,preservation of evidence for settlement of medical dispute, the importance of medicallitigation evidence preservation effect and medical evidence preservation problems in-depthstudy and discussion.The third part: the perfect medical dispute lawsuit evidence preservation. This part mainly in front of analysis, research is presented on the basis of the medical dispute lawsuitevidence preservation improve some legislation suggestions.
Keywords/Search Tags:Medical Dispute Lawsuit, Evidence, Evidence Preservation, Preservation of Evidence, Evidence Preservation Legislation Perfection
PDF Full Text Request
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