The Burden Of Proof In Compensation Accusation Of Medical Injure

Compensation for medical damages has been a wide concerned complex social problem, theability to deal with such disputes are not just related to medical institutions, medical personnel andpatients with the interests of the parties, but also related to the stability and development of thewhole society."Tort Law of the People’s Republic of China" resulting in a new situation of thedescription about medical damages litigation of ’who advocates, who should proof’ under theprevious ’Civil Law’ and the implementation of ’who advocates, who should proof’ define intwo-track situation of ’reverse burden of proof’ established in "Evidence in Civil Proceedingscertain provisions", but presume medical institutions fault in certain situation but the litigationtransaction specific ways for how to allocate the burden of proof requires the researching of thepractice and theory. This article based on the theoretical results of domestic scholars andextraterritorial law theory analysis and research, sorting the burden of proof of medical damagecompensation lawsuit systematically, and combined with the advanced foreign research results andthe actual situation in China to explore the practicability of this law, the last section to direct atlawsuit caused by the different types of medical damage, specifically analyzed the allocation of theburden of proof, in order to achieve reference value for the law practice from this article.Based on the theoretical results of domestic scholars and extraterritorial laws related theoryanalysis and research, systematic action for damages on our medical burden of proof provisions ofthe sort, and combined with the advanced research, combined with China’s actual situation toexplore its apply. This addition to the introduction total is divided into four chapters.The first chapter of the burden of proof of medical action for damages as the center, combinedwith our existing legislation to clarify the related consolidated discusses the concepts and types ofmedical malpractice liability were defined. And to explore the medical burden of proof in an actionfor damages legislative development context.The second chapter is the first section on the basis of our current "People’s Republic of TortLaw" on the medical burden of proof in an action for damages of analysis and discussion of theproblems and made them relevant discussion. The third chapter contents extraterritorial action for damages on health-related burden of proofprinciple. This chapter focuses on analysis of the facts to explain their principles, theories andevidence tables of cases in the solution of explanation and made applicable to the discussion.The fourth chapter is based on the text of the discussion, the focus of the different types ofmedical malpractice liability, the theoretical results at home and abroad, an action for damages onour medical exactly how to allocate the burden of proof, made specifically discuss how to allocate.