The Improvement Of The Distribution System On The Medical Tort

Burden of proof as a core issue in the field of litigation, not only litigation activities can proceed smoothly, but also involves the risk of losing the substantive law between the parties whether reasonable share, plays a pivotal role in medical tort litigation. Medical infringement both of professional and complexity, how to allocate the burden of proof has always been the difficulty of the dispute process, but the "Tort Liability law" failed to show a clear attitude on the burden of proof,which brings confusion to judicial practice. Based on this, by carding the general rules of distribution of Burden of Proof, analyzing deeply of the current legislative defects, learning foreign mature distribution system, combined with the current status of legislation and judicial practice, puts forward some rational advice to the Medical tort litigation of burden of proof.