With the development of social civilization, medical technology has been improved,and medical knowledge is becoming more professional, which enhance the people’sconsciousness of rights protection, thus conflicts between doctors and patients isgetting worse. Medical dispute is not only a complex legal issue but also a socialproblem, if such disputes cannot be solved rationally, it may lead to social group events,or even it probable effect the normal social order seriously.The burden of proof systemstride over substantive law and procedural law legal system, which directly influencethe legal status of parties in lawsuit, and it plays a key role in the trial practice. How todistribute the burden of proof in medical disputes is an important problem. Reasonableallocation of the burden of proof can ease the tension between doctors and patients, inaddition to that, Reasonable allocation of the burden of proof will safeguard judicialfairness and justice, and it will helpful to promote the construction of rule of law in ourcountry. |