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The Burden Of Proof Issue Of Medical Tort Disputes

Posted on:2014-12-15Degree:MasterType:Thesis
Country:ChinaCandidate:X GaoFull Text:PDF
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In recent years, with the development of our society and the progress of scienceand technology, great changes have taken place in people’s health concept, right,consciousness, patients with higher requirements of medical institutions and theirmedical staff, medical tort disputes more and more medical disputes, patients willresort to the law becomes more and more popular. The opposition between the doctorsand patients in the escalating, many should be resolved by civil way of medical tortdisputes and even evolved into a criminal case, not only a waste of social resources,but also intensify the conflicts between doctors and patients. The case over medicaldisputes emerge in an endless stream, causing widespread concern in the community.The correct treatment of the medical tort disputes, is conducive to building aharmonious doctor-patient relationship,conducive to the development of socialstability and medical service.The burden of proof allocation problem is the key issue of medical tort disputes,the correct handling of medical tort disputes related to a fair hearing, and we shouldattach importance to it. To this end, the distribution of the burden of proof for medicaltort-depth research. The reversal of the burden of proof is an exception to theprovisions of the burden of proof, is the product of scientific and technologicalprogress, in order to better protect the patient’s vital interests, to achieve social equityand justice and to take special measures proposed to ease the doctor-patient relationship has played a certain role. China’s Tort Liability Act "special chapter(Chapter VII) provides medical tort54which established the principle of faultliability and by58clear presence of a fault of the three cases cited presumption ofmedical institutions, further medical tort disputes the allocation of the burden of proofprovisions to ease the current tension in the doctor-patient relationship, and promotethe development of the medical cause of legal pursuit of fair justice and the maximumvalue of the effective target of far-reaching significance.This paper is divided into three parts, the first part introduces the basic conceptsof medical tort litigation of burden of proof and burden of proof, had the preliminaryunderstanding and the understanding to our medical tort dispute cases the burden ofproof. The second part focuses on the issue of burden of proof of medical tort disputecases, the burden of proof is a key problem in medical tort litigation, we know thegeneral torts is " who advocates, who proof ", namely " the burden of proof is set ",and the burden of proof of medical tort is inverted, are exceptions General of theburden of proof, which is the focus of this paper. Specifically, both doctors andpatients in the allocation of the burden of proof is divided:1, the injured party(patients or their legal representatives) of the burden of proof:in medical tort disputecases, patients should have their damage facts and received medical facts bear theburden of proof; the burden of proof, medical institutions:2(1) there is no causalrelationship between the medical behavior of patients with damage and medicalinstitutions;(2) medical institutions do not have subjective fault. That is to carry outthe fault presumption principle of causality and subjective fault, so the faultpresumption is the difficulty of this article is the focus of this paper, in this aspect willbe focused on the analysis of. The third part of the analysis of the inadequacy of ourcountry medical tort litigation of burden of proof, and puts forward improving,measures and countermeasures, hoping to help solve the medical dispute.
Keywords/Search Tags:The burden of proof of medical tort, The inversion of onusprobandi, Presumption of fault, Significance and improvement
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