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The Research On Burden Of Proof In Medical Disputes

Posted on:2017-04-30Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y QiuFull Text:PDF
Abstract/Summary:PDF Full Text Request
Medical disputes is the more common type of dispute in the civil dispute,such cases often involve professional medical theory or applicationand,need longer experience to litigation wait for both sides,also have to face more complex proof process,therefore,reasonable and lawful must be taken into account using the ability of proof,proof effect on both sidesI proposed by several medical dispute lawsuit in our country all previous method of evolution of distribution of evidential burden,try to analysis of the medical dispute lawsuit is suitable for various disadvantages of the principle of distribution,from the first phase of the " "who claim,who quote ",because of patients’ legal consciousness and lack of bear the legal con sequences for incapability to adduce evidence of professional medical knowledge,then Adds to the prescriptions of the burden of inversion of burden of proof,and then Give priority to with fault liability principle,special circumstances the conditional presumption of fault principle and apply the principle of no-fault medical products damage cases is complementary principle of multiple onus probandi allocation system,our country have made many exploration is the burden of proof allocation sys tem,but still does not involve all aspects of the practice.This article through to the outside including Britain and the United States "the fact itself that negligence",Germ any’s theory of " The Prim a Facie Bewies ",Taiwan’s "comprehensive",such study of distribution of evidential burden,combining with cases and practices,to explore a suitable for our country’s medical dispute lawsuit route of distribution of evidential burden of the truth.
Keywords/Search Tags:Medical Disputes, Allocate The Burden Of Proof, Presumption Of Fault, Tort Liability Act
PDF Full Text Request
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