On The Applicable Of Prima Facie Beweis In Our Medical Lawsuits

According to the "tort liability law",medical litigation generally implement the principleof fault liability, which is able to effectively reduce the "defensive medicine", but thisprinciple has led to many difficulties in proof for patients. In order to balance the interests ofboth doctors and patients, in addition to the reasonable distribution of burden of proof ofmedical institutions and patients, we also need institutional guarantee. Prima facie Beweis canreduce the patients’ burden of proof.In this paper, using comparative analysis method,empirical analysis method, system analysis method and so on to introduce the theory of Primafacie Beweis ang analyze the necessity for Chinese medical procedure to apply it. On thisbasis, to explore the specific rules to Prima facie in medical lawsuits.The focus of this paper iscombining with practice to analyze its specific rules and significance for the national medicallawsuit.In the first part of this paper is more about theories, introducing the meaning, origin anddevelopment, requirements and the scope of Prima facie Beweis. Prima facie Beweis startedrelatively late in China, in order to not only further understand it, but also for refining medicaldispute lawsuit, theoretical interpretation of Prima facie Beweis that shows its importance.The second part of the article is mainly on the changes of the burden of proof in medicaldispute in our country, and cited a typical case that the burden of proof in medical dispute inpractice dilemma, in order to demonstrate the necessity of Prima facie Beweis in medicaldisputes.The third part of the article mainly analyze the possible obstacles of apply the Primafacie Beweis in medical lawsuits, including the standard of proof, the principle of evidencejudgment, the research of evidence theory and other aspects of the disorder, and then exploresolutions to these obstacles.The fourth part is mainly expounds specific rules of the Prima facie Beweis in medicallawsuits, including specific requirements, scope, effect, and procedure guarantee.