Medical Instrument Of The Civil Procedure Proposed Obligation Research

In the judicial practice of modern society, evidence is the foundation of realizing judicial justice. Our Civil Procedure Law stipulated statutory eight types of evidence, documentary evidence as one of the important types of evidence in civil judicial practice, it has an important position can not be shaken. As one of the parties to gather evidence, document of obligation system refers to is do not bear the burden of proof of the parties or third party holds the document when bears the burden of proof of the parties through to apply to the courts, the instrument holders bear the obligations of relevant documents submitted to the court. This is in the proceedings of the special, to bear the burden of proof of the parties due to objective reasons it is difficult to complete the proof, and by the document holder help in case of discovery of objective truth, to improve the quality and efficiency of the trial of civil litigation efficiency.Such obligations are expressly stated in the Germany, Japan, the Civil Procedure Law, Civil Procedure Law, but in our country is not the case, the consequences are both judicial practice and academia is still relatively strange to it. But in the view of law hermeneutic, in our current civil procedural regulations and judicial interpretations, the terms of obligations related to quite a few, and therefore can not deny that it exists in our legal system. But given the the obligation of the legislator does not have a clear understanding of these related terms obveriously can not get enough clarity, scientific and systematic.In the medical civil litigation, due to the medical industry professional barriers, evidence holds the imbalance, the in patients to belong to oneself bear the burden of proof, the court finds the facts of the case is difficult, it is difficult to achieve the fairness and justice of the court. Medical civil action as one kind of civil litigation, Civil Action instruments proposed obligation also applies to medical litigation. The introduction of instruments in medical civil action proposed obligation, to a certain extent, solve the medical evidence in civil proceedings in partial contradiction. However, because of medical civil action proposed obligation structural instruments missing in the existing legislation, lead to equality of arms between doctors and patients can not really implement a direct impact on medical practice in civil litigation trial court finds that the facts of the case, thereby affecting the fairness and justice. In this context, based on the objective reality of the need for medical instruments So it is necessary to study Civil Action proposed obligation.In recent years, the concept of health as people constantly recognized, discussion of issues related to the health sector is gradually increasing. Cases relating to medical disputes also will be sparked widespread concern, both doctors and patients do not trust each other such that the conflict between doctors and patients of deepening the healthcare industry also attracted a lot of questions. For this situation both doctors and patients are undesirable, but also for the stability of society as a whole had a negative impact. Thus both doctors and patients eager to solve the equitable and efficient medical malpractice cases, and the whole community are looking forward to a reasonable solution to medical disputes. In recent years, the concept of health as people constantly recognized, discussion of issues related to the health sector is gradually increasing. Cases relating to medical disputes also will be sparked widespread concern, both doctors and patients do not trust each other such that the conflict between doctors and patients of deepening the healthcare industry also attracted a lot of questions. For this situation both doctors and patients are undesirable, but also for the stability of society as a whole had a negative impact. Thus both doctors and patients eager to solve the equitable and efficient medical malpractice cases, and the whole community are looking forward to a reasonable solution to medical disputes.In this context, the judicial practice duty to put forward how to process documents, an important problem is a need to explore and respond to the academic circles. Given the documentations submission obligation is the most important function of litigation evidence in order to alleviate the contradiction in partial, so I choose to view the problem of medical disputes.