On The Establishment And Improvement Of The Burden Of Proof Mitigation System In Medical Malpractice Disputes

As a special form of tort,medical tort is limited by professional and medical information,which makes it difficult for the patients to prove their proof,and it is difficult to maintain their rights,and the interests of both doctors and patients are difficult to balance.Legislation and practice are also constantly exploring and developing in this regard.The relieving of the burden of proof through a dynamic burden of burden of proof can alleviate the burden of proof in the patient to a certain extent,and it is beneficial to the fact finding of the case,and is also widely applied in other countries.Therefore,it is very necessary to establish the mitigation system of burden of proof in China.The judicial interpretation of medical damage has also made a positive response to this.In the distribution of the burden of proof in the medical damage dispute,the "burden of proof" is replaced by "submitting evidence" in the expression of the burden of proof in the one side of the patient,and it provides space for the discretion of the judge.Assistant.However,we still need to refine and enrich the rules and improve the system of identification in our country,so as to solve medical disputes more fully and fairly and build a harmonious relationship between doctors and patients.Besides the introduction and conclusion,the structure of this paper is composed of the following contents.First: clear the concept of the system of relieving the burden of proof,mainly from the difference between the relieving of the burden of proof and the inversion of the burden of proof,the object of the relieving of the burden of proof is the fault and causality of the elements of the medical tort liability,and the conditions for the application of the burden of proof when the burden of proof is relieved,and the system of relieving the burden of proof in the three aspects.The analysis is carried out.At the same time,the author also put forward his understanding of relieving the burden of proof,that is,the distribution method and process of burden of proof can alleviate and alleviate the burden of proof.Second: the current situation of the burden of proof in China's medical malpractice disputes is emphatically analyzed.Through the examination of the legislative process,and the reasons for the conflict and conflict between the judicial practice and the distribution of the burden of proof,this leads to the necessity of establishing the system of mitigate the burden of proof in our country.Third: enumerating and analyzing the distribution system of the burden of proof in some countries of the Anglo American law system and the continental law system,such as the system of table proof in Germany,the roughly presumption system in Japan,the factual self-proof system of Britain and the United States,and the positive reference significance of these systems to our country.Fourth: first of all,it is clarified that China has made some attempts to ease the burden of proof in both judicial practice and legislative level,especially in the judicial interpretation of medical damage,which can be said to have initially established the rule of mitigating the burden of proof in our country,but it is still general and not perfect.Therefore,the author thinks that the burden of proof should be eased.