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A Research On The Application Of Prima Facie Evidence Rule In Medical Damage Cases

Posted on:2015-01-10Degree:MasterType:Thesis
Country:ChinaCandidate:K XuFull Text:PDF
GTID:2266330425495501Subject:Procedural Law
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In recent years, influenced deeply by Germany and Japan, many procedure law scholars in our country recently turn their attention from the abstract burden of proof to the specific burden of proof and from the distribution of objective burden of proof to the behavioral proof theory in practice. Meanwhile, some other scholars are seeking for alternative approaches by introducing British and American evidence law which focus on the discovery of truth. This thesis is based on the turning of objective burden of proof to specific behavioral proof theory, and intent to explore the possibilities of the proof burden moving in the process of the proceedings of medical tort cases by introducing the prima facie evidence rule.Prima facie evidence is evidence that will establish a fact or sustain a judgment unless contradictory evidence is produced. The legislative branch may create an evidential presumption, or a rule of prima facie evidence, that is to say a rule which does not shut out evidence, but merely declares that certain conduct shall suffice as evidence until the opponent produces contrary evidence. A prima facie evidence is used in two occasions. In the first side a prima facie evidence is to build a case that the procedure would continue. The second side is to say that if the opposite side would not provide evidence, the prima facie evidence provider would receive a good judgment. The prima facie evidence is sometimes confused with prima facie beweis. However, course of the differences in law systems and others; they are different in many occasions. Prima facie evidence is also different from res ipsa loquitur. Prima facie is often confused with the term res ipsa loquitur. Res ipsa loquitur is a legal doctrine that means the facts making it self-evident that something did or did not occur. Res ipsa loquitur literally means "the thing speaks for itself." In other words, the key under the res ipsa loquitur doctrine is that the proponent (i.e. moving party) does not have to prove any additional facts to show that something did or did not occur because any reasonable person would immediately find the facts as shown. While under the prima facie doctrine, some minimum amount of evidence must be shown before there is enough evidence for a trial. However, both doctrines of res ipsa loquitur and prima facie can be rebutted. In medical damage cases, American judges use prima facie evidence to judge cases too.In China, some cases are judged in prima facie rule. Prima facie evidence has a unique value. Prima facie evidence rule from the perspective of the proceedings the burden of proof, the proof of the case in the allocation of responsibilities into various stages, continuously be transferred between the parties, found in favor of the real. Prima facie evidence of its origins both legal context, but also has the actual needs of judicial practice in China. The application of the rules of evidence should examine its origins, define its concepts, find its operation mechanism, and clarify its scope of application.This thesis is divided into four chapters.Chapter ⅠIt is an introduction of the prima facie evidence of etymology, concepts, operation mechanism, functions, and common law rules of evidence and the lower surface of the prima facie evidence of the relevant legislation.Chapter ⅡThe burden of the proof in medical damage disputes has its history that is divided into three stages. This article will present guidance on where the trial judiciary made a text interpretation.Chapter ⅢAmerican tort theory and cases.American tort theory has developed from the middle of the19th century. Nowadays there is a comprehensive system in tort theories. In medical damage cases, the plaintiff should build a prima facie case. There should be a standard. And the standard shouldn’t be realized. Course of the broken of the standard the plaintiff has damage. Chapter ⅣThere is a possibility for the application of prima facie evidence rule in Chinese medical damage cases.In China some cases are judged by prima facie evidence rule. To use this rule we can refine the rule of prima facie evidence and give the judges discretionary power. To refine the rule, we can stipulate what is the prima facie evidence in negligence and what is the prima facie evidence in causality. At the same time, in new cases there always are new problems. So we should endue the judges’ discretionary power.
Keywords/Search Tags:Prima Facie Evidence, Medical Damage Cases, Stages of Proof
PDF Full Text Request
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