Research On The Burden Of Proof In Medical Tort

In recent years, due to the increasing incidence of medical accidents, medical infringement has gradually aroused the concern of the society. The distribution of burden of proof in medical tort disputes not only is related to the legitimate rights and interests of both doctors and patients would be able to get better protection but also is related to the contradiction between doctors and patients can get a better solution, so the medical tort problem of the allocation of the burden of proof is very important. With the current more and more tense doctor-patient relationship in our country, and the growing number of medical tort lawsuit, the doctor-patient relationship has been the focus of the medical and legal circle. Chinese law on the allocation of burden of proof in medical tort dispute has been constantly explored and improved. Research on the burden of proof for medical tort distribution, is not only conducive to promote the litigation procedure justice as well as to achieve substantive justice. A comprehensive medical tort burden distribution system is beneficial to balance the interests of both doctors and patients, to improve the tense relationship between doctors and patients, and to promote social harmony and stability.There are five parts in this thesis:The first chapter is an introduction, which presents the research background and significance including the existing systems at home and abroad of the distribution of burden of proof in medical tort, as well as the scholars’ opinions on them, the writing ideas, the research priorities, and the research innovation.The second part mainly introduces the basic theory of the burden of proof in medical infringement, which analyzes the influential factors and characteristics of the burden of proof in medical tort and demonstrates the causes and characteristics of the shifting of burden of proof distribution principle.The third part introduces the law of Germany, Japan, the United States, and France with respect to the content of burden of proof in medical tort system, and gives a comparison between them, which summed up three inspirations for medical tort burden of proof system in our country.The fourth part mainly presents the content of the distribution of the burden of proof in medical tort of "The Tort Law of the People’s Republic of China”, and analyzes the problem of the burden of proof in the existing medical tort liability system.The fifth part mainly aimed at putting forward a sound proposal for the issues of burden of proof in the existing medical tort, including establishing the burden of proof alleviation system, improving the medical identification system, perfecting the expert assessor system.