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Research On The Legal Issue Of Subcontracting In Construction Project Of Our Country

Posted on:2019-08-18Degree:MasterType:Thesis
Country:ChinaCandidate:Z P ChenFull Text:PDF
Abstract/Summary:PDF Full Text Request
Medical conflict has always been a factor that affects people's life.Especially in recent years,the relationship between doctors and patients has become more disharmonious.There are diseases and relatives of hospitals in all parts of the country to abuse,beat and threaten the medical service personnel.Even the effect of treatment after treatment is not ideal.It's very bad.These incidents not only caused great threat to the personal safety of medical staff,disrupted the normal order of hospitals,but also increased the factors of social unrest.It is not only related to the success or failure of the litigation,but also to the specific interests and losses of both the doctors and the patients.The establishment of a fair and appropriate system of proof helps to protect the right of both doctors and patients,alleviate the contradictions between the two sides,and reduce the unnecessary disputes caused by the medical tort litigation.In order to improve the tort liability law,the Supreme People's Court issued the interpretation of "the Supreme People's Court on the application of laws on cases of liability for medical damage." in December 13,2017,the Supreme People's Court issued the "Supreme People's court".The new "judicial interpretation" is the "new law" of the highest effectiveness of the current medical and patient cases.In view of the many difficult problems faced by the doctors and patients in the procedure of litigation,the legislators skillfully set up the system of relieving the burden of proof,aiming to reduce the patient's lift through the patient's application for medical identification.The burden of proof is consistent with the general rule of proof in the code of civil procedure and the legislative spirit of the Tort Liability Act.The explanation has made a further explanation and explanation to the relevant provisions of the tort liability law,which has made up the loopholes left by the law before,and has great significance to the distribution of the burden of proof in the medical tort litigation.The current principle of the allocation of medical evidence is much better than before,but there are still some shortcomings and urgent needs to improve.Through the combination of the substantive law and the procedural law,the author will systematize the burden of proof of medical tort,and based on the development and change of the rules of the distribution of the burden of proof in our country,with the general principles of civil law,the civil procedure law,the tort liability law,the provisions of civil evidence and the treatment of medical accidents."The interpretation of the Supreme People's Court on determining the liability for mental damage compensation for civil torts" and other legal documents of the main medical tort litigation in China,and at the same time draw on the provisions of medical proof in the foreign countries,and study the appropriate suggestions for the existing legal defects in order to better improve the system.It is stipulated to solve the problem of proof in judicial practice.
Keywords/Search Tags:Medical conflict, Civil action, Medical tort litigation, Burden of proof
PDF Full Text Request
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