The Trial And Construction Of Mitigation Rule Of Burden Of Proof For Medical Damage In China

Medical damage cases are a kind of common cases with special and professional characteristics.In such cases,The proof ability of both doctors and patients is quite different,and it is difficult to obtain evidence.Rational allocation of the burden of proof of both sides is related to case result.It also affects the fairness of the adjudication.The burden of proof mitigates the burden of proof of patients through the form of dynamic responsibility transformation.When the burden of proof of patients does not meet the standard of proof prescribed by law,the judge exercises discretion and transfers the burden to the doctor.This rule is widely applied in foreign countries,but it is not clearly stipulated in our legislation.As there are many problems in medical damage in our country,such as overhead legislative intention,absence of procedural safeguard system,inequality of litigation weapons and the practical problems of appraisal-only theory,it is necessary to introduce and apply the mitigation rule of burden of proof in our country.This paper clarifies the connotation,nature and related theories of the mitigation of burden of proof.By examining the development of the burden of proof in medical damage in China and analyzing the dilemma faced by the current burden of proof,it highlights the necessity of introducing and applying the mitigation rule of burden of proof in China.Finally,it focuses on the system construction of mitigation rules of burden of proof for medical damage in China.It puts forward its own design conception from three angles: standardizing the applicable conditions of mitigation of burden of proof,clarifying its content and remolding the standard of proof.In addition,aiming at the peripheral auxiliary systems such as medical expert assistant system and medical damage liability appraisal system,this paper also puts forward some suggestions to solve the problem of absence of procedural safeguard system,and tries to build a complete and scientific distribution system on the burden of proof of medical damage in China,so as to safeguard the interests of both doctors and patients in the greatest extent and to safeguard the interests of both sides.Social equity.