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Applicable Research On Prima Facie Proof In Medical Tort Litigation

Posted on:2021-02-11Degree:MasterType:Thesis
Country:ChinaCandidate:F Q HuangFull Text:PDF
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The rules for the distribution of the burden of proof in medical tort litigation have a bearing on the outcome of the lawsuit and the adverse burden on both parties.Under the Tort Liability Law,where the principle of fault liability is predominant and the conditional fault liability is presumed to be supplemented by the rules of proof liability allocation,patients bear relatively heavy burdens of proof.Prima facie proof,as a rule derived from German civil litigation jurisprudence,its application can effectively alleviate problems such as unequal doctor-patient relations and biased evidence in medical tort proceedings,and has positive significance for improving the ability of patients to provide evidence.China's civil procedure law has not clearly stipulated the system of prima facie proof,but there has been extensive discussion on the system of apparent proof in the theoretical world,and its value and function are highly recognized.Medical tort litigation has characteristics such as bias of evidence and inequality of litigation status of the parties.Therefore,the rules of distribution of the burden of proof applied in medical tort litigation should achieve equality between the two parties and overcome difficulties such as bias of evidence.Extra-territorial experience China and Germany have shown that the proof system is of great significance to overcome the difficulty of proof in medical tort lawsuits.From the perspective of medical infringement,analyzing the localization construction of thesystem of evidential proof in China's civil litigation is accurate.Through the relevant cases of medical tort litigation combining judicial practice,it is more helpful to fully understand the applicable law of evidential proof and its proof.logic.The concept and applicable experience of the external proof system,the general presumption principle,and the self-evident principle can provide experience for the application of the proof in the medical tort lawsuit,and further provide the theory for the construction of our system Support and lessons learned.The relevant legal provisions of China's civil procedure law have provided legal basis for the construction and application of the system of prima facie proof.Through the use of judicial interpretation and other methods,specific interpretations of the relevant legal provisions have been made.At the same time,the applicable conditions and scope of the system of prima facie proof have been further explained.There should be clear provisions to guarantee the parties' right of contradiction,and to improve the corresponding system supporting,so as to realize the construction of China's prima facie proof system,and to improve the corresponding supporting measures to ensure that the prima facie proof system fully functions.
Keywords/Search Tags:medical tort litigation, burden of proof, prima facie proof
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