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Research On The Liability Of Medical Tort Litigation

Posted on:2019-05-07Degree:MasterType:Thesis
Country:ChinaCandidate:Y J GaoFull Text:PDF
GTID:2416330545979473Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
With the further development of the medical system reform,the contradictions between doctors and patients have emerged in an endless stream.How to balance the interests of TCM patients in the medical tort field and build a harmonious and stable doctor-patient relationship is particularly important.In the medical field,the long-term unequal status of doctors and patients and the complexity and particularity of medical infringement cases have led to the rational distribution of the burden of proof in the medical tort litigation and further affect the final outcome of the case trials to protect both doctors and patients.Litigation interests have become a hot issue in social development.Although China's regulations on the system of proof of medical tort litigation liability have become increasingly perfect,due to repeated swings in China's legislation on the distribution of burden of proof of medical tort litigation,theoretically different understanding of the allocation rules of medical infringement proved responsibility.This has led to difficulties in the application of the practice.The existing system regulations do not provide a good solution to the distribution of the burden of proof of medical tort litigation in practice.To this end,we need to conduct in-depth exploration and research on the responsibility for proof of medical tort litigation in order to find a fair and equitable distribution point for both parties.This article analyzes the development process of China's medical infringement proof responsibility,studies the foreign legislative mode and practical experience concerning the provisions of the burden of proof,and starts from relevant cases and combines the problems that the burden of proof is assigned to medical tort litigation in China's judicial practice.Eventually settled on how to improve the current laws in China on medical liability tort provisions and related systems.The full text is mainly divided into the following five parts:The first part is an overview of medical infringement.The case led to reflections on the responsibility for proof of medical infringement and pointed out the issues discussed in the article.Then define the scope of medical infringement cases studied in the article,analyze the current status of multiple medical disputes in China and thedifficulties encountered in the practice of medical dispute cases in the trial process,so as to illustrate the importance of the proof of the theory of responsibility distribution in medical tort litigation.The second part is the legislative process of China's medical tort liability.This chapter summarizes the development process and status quo of China's medical tort litigation burden of proof,and introduces the different stages of development and its main distribution rules in China's legislation on the system of medical tort liability.Analyze the reasons behind the different provisions,as well as the existing defects and the pros and cons resulting from them,and point out the controversial points of the medical liability infringements at various stages,and reveal a series of problems caused by the disputes.The third part is the current situation and deficiencies of China's medical tort liability.This paper analyzes and summarizes the problems existing in China's medical liability infringement litigation system in the legislative provisions and judicial practice,and points out the reasons for these problems and the coping strategies of judicial personnel through case studies.The fourth part is a comparative study of the distribution of burden of proof in foreign medical tort litigation.Study and analyze the advanced experience of foreign countries on the system of burden of proof in the medical tort litigation,pointing out the similarities in the systems of various countries and summing up the situations that China can learn from in medical tort litigation cases.The fifth part is the improvement of China's medical tort liability.The in-depth reflection on the system of burden of proof in China's medical tort litigation,due to the special nature and complexity of medical infringement cases,in order to balance the rights of doctors and patients,resolve disputes between doctors and patients,and implement the general rules for distribution of medical tort burden of proof,Drawing lessons from the advanced experience of other countries and combining with the specific national conditions of our country,we establish the rules applicable to the distribution of burden of proof under specific conditions.And improve the relevant supporting measures to further optimize our country's medical infringement to provethe responsibility to ensure its effective operation.
Keywords/Search Tags:medical tort litigation, burden of proof, distribution of burden of proof, certificate mitigation system
PDF Full Text Request
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