Study On The Allocation Of Burden Of Proof In Medical Tort Disputes

It is said by legal maxim that:the burden of proof is the backbone of thelitigation. The allocation of the burden of proof is the core issue of themedical tort litigation.Therefore, it is necessary to study the system ofallocation of the burden of proof in medical tort litigation. The first part ofthis article analyses the constituent elements of the medical tort disputes,thecharacteristics of medical tort disputes and the characteristics of the allocationof burden of proof in medical tort disputes.The second part of this articlereviews the three stages of the legislation on burden of proof in the medicaltort disputes in China, and give the evaluation.The third part of this articleexamines the medical burden of proof allocation system of some developedcountries, and receives the enlightenment: the medical tort litigation in Chinashould adhere to the principle of distribution of burden of proof which is "who advocate,who proof", at the same time should also ease the patient’sburden of proof by some evidence rules.The fourth part of this article presentsthe relevant recommendations to improve the allocation system of the burdenof proof of medical tort in China.I believe that to improve the burden of proofallocation system, are better to balance the interests of both doctors andpatients and achieve the purpose of easing the conflicts between doctors andpatients.