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On The Distribution Of Evidence Of Causality In Medical Damage Liability

Posted on:2017-10-17Degree:MasterType:Thesis
Country:ChinaCandidate:Y P ZhuFull Text:PDF
GTID:2356330503481636Subject:Science of Law
Abstract/Summary:PDF Full Text Request
In the 21 st century, China's medical situation has become more serious disputes, where there is almost medical institutions where there is medical disputes. 2009 promulgation of the "Tort Liability Act" to set up a special chapter provides medical tort. Disputes of this kind played a good practical guide, but in view of its provisions are still some deficiencies. Although the detailed provisions of the various forms of medical tort and liability categories. But there is no provision to use the provisions of this allocation method elements of causation. This brings a lot of confusion to the judicial practice, it is to continue to apply "rules of evidence" which the provisions concerning causation inverted, or in accordance with the new law the burden of proof entirely by the patient it? We do not know. It is well known in medical tort disputes, whether causal links and the size of the contact, and finally whether to investigate the impact of the medical side of responsibility and an important factor in how much prosecution. The key part of the party which determines the direction of development to prove the case. Such an important part of "Tort Liability Act," but did not give a clear answer. Therefore, we try to depart from the legislative provisions, linked to the judicial practice of some hot, start followed by analysis and distribution of proof that is the core of the issue from the concept of causality. And then further on the inadequacies of causality Present Testimony of our analysis. Final conclusion and recommendations expressed herein.
Keywords/Search Tags:Medical Injury, Causal relationship, Burden of Proof
PDF Full Text Request
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