Research On Burden Of Proof Of Medical Damage Compensation In China

Medical damage compensation cases have the characteristics of specialization and complexity.It has been difficult to deal with medical damage compensation cases.In recent years,the phenomenon of "medical trouble" has been frequent,and the system of dealing with medical disputes behind it has been paid attention again.The confusion of relevant laws,regulations and judicial interpretations in dealing with medical disputes in China has resulted in inconsistencies in theory and practice.It is mainly manifested in the allocation of burden of proof.The allocation rules of burden of proof for medical damage compensation in China have gone through the stages of "who advocates,who evidences" to "inversion of burden of proof" and then to the stage of systematization.Under the Tort Liability Law,the relevant system of medical damage corrects the adverse consequences of the inversion of burden of proof to a certain extent,and balances the burden of proof between doctors and patients.However,due to the imperfection of legal provisions and the absence of mitigation rules,there are still many problems in the medical damage compensation system.This article mainly carries on the analysis from the following aspects:The first part mainly introduces the related concepts of burden of proof and the difficulties of medical damage compensation cases.The second part mainly introduces the development process of the distribution of burden of proof in medical damage compensation cases in China.On this basis,the predicament of medical damage compensation system in China is summarized.The third part mainly introduces the provisions of the distribution of burden of proof in foreign countries,and makes a comparative analysis from Anglo-American law system countries and civil law system countries.Both countries adopt the principle of liability for fault as the principle of identifying medical damage compensation cases,supplemented by some mitigation system to reduce the patient's liability.The fourth part mainly introduces the relevant suggestions to improve the burden of proof in medical damage compensation cases,clarifies the applicable laws and regulations of medical damage compensation cases,improves the mitigation system of medical damage compensation cases,and promulgates the guiding cases of typical medical damage compensation cases,so as to promote the equal protection of the rights of both patients and doctors in medical damage compensation cases.