The Spoliation Of Evidence System In Medical Litigation

The proof obstruction system in medical litigation was introduced into the Tort Liability Law along with the rational adjustment of the proof liability.The Tort Liability Law places all the burden of proof for establishing medical torts on the patient.This adjustment of the system is not only the result of continuous reflection on the experience and lessons of previous adjustments of China’s medical litigation certification responsibilities and the measurement of the pros and cons of various parties,but also a reference to the legislative experience of various countries.At the same time that the burden of proof of medical damage compensation lawsuits returns to rationality,in order to overcome the bias of evidence in medical lawsuits and the asymmetry of information between doctors and patients,ensure that doctors and patients have equal access to and use of medical records,and protect the offense and defense balance between the parties,The introduction of the system of proof in civil proceedings into the law of tort liability,thereby prescribing fault under special circumstances.The legislators tried to achieve the punishment,sanction and prevention of falsifying,tampering,destroying medical records,etc,which impede the patient’s certification behavior by proving the application of obstructing the legal effect,to achieve effective containment of the medical institution’s obstructing certification behavior,and to restore the causes of obstructing behavior.Unfair litigation status.A special proof and obstruction system is stipulated in medical lawsuits in china.Compared with the principled provisions in the procedural law,the specific system is set up to make it more meticulous,practical,accurate,and more targeted and applicable.At the same time,it also means that in order to further improve the system of proof impediment in medical litigation,meet the requirements of detailed system,we can only hope to improve the specific system to deal with improper acts that hinder proof in practice.This article is based on the investigation of German,Japanese,and Chinese Taiwan that have proven to hinder related theories and practical cases of medical litigation,and combined with the new rules on "obligation to raise documents" in article 95 of the "Evidence Provisions" demonstrate deficiencies in the constitutive elements and legal consequences of the obstruction system.At the same time,a large number of judicial cases were collected and sorted into specific visual forms.Through the study of the above cases and careful analysis of the charts,we can glimpse the status and problems of the systemin the judicial practice by the evidence in medical proceedings.After an objective analysis of the relevant situation,it was found that in practice,the rate of proof hindering recognition was low in medical litigation;it was proved that the pattern of hindering behavior was diversified and complicated,and the current legislative model could not meet the actual needs;appraisal could not be applied by most courts Conditions;the lack of legislation leads to problems such as confusion in the determination of causality in the case of obstruction,and a detailed analysis of the causes of the problem.In view of the above problems,we believe that we should improve from the aspects of constitutional elements and legal effects.In terms of constitutive elements,it is claimed that subjective faults of medical institutions also constitute proof obstacles;determine the behavior pattern of proof obstacles by means of generalization and enumeration;faults and causal relationships cannot be identified as the result requirements of proof obstacles,and the Causal Elements.In terms of legal consequences,it is argued that the court can presume the content of the evidence according to the specific circumstances of the case,and in the case that the fault and the causal relationship cannot be determined due to the obstruction of the act,the patient must prove the fault and the causal relationship to prove the facts on two levels,perform multi-level presumptions.The full text will be divided into the following three parts:First,the relevant legal analysis of medical litigation proof obstruction system.The first part of the article discusses the connotation of the obstruction of proof,the comparison of the system of obstruction of proof in medical litigation and the legal basis of the system in detail.Second,the medical litigation proves to hinder the dilemma and analysis of the system reality.This part will analyze the dilemma of the proof obstruction system in the medical damage compensation lawsuit from the macro and micro levels.The macro part will briefly comment on the current legislation status of China’s certification obstruction system and the legislative inadequacy of the medical obstruction proof system;the micro part will take a case-based perspective and summarize and analyze 270 medical damage compensation cases to gain a glimpse of China’s medical treatment.The judicial status of the system that proved to hinder the system.By summarizing and summarizing the status quo of the judiciary,the problems and causes of the proof obstruction system in medical lawsuits in judicial practice are explained and analyzed.Third,medical lawsuit certification hinders the improvement of the system.After summarizing and analyzing some practical problems in the system of legislation andjudicature in China’s medical damage compensation lawsuits,the next step is to propose some solutions to these practical problems and improve the system.This part will discuss separately the constitutional elements of the medical damage compensation lawsuit obstruction system,the legal effect and the solution of the medical record defect.The constitutive elements mainly revolve around the perfection of behavioral and result elements.The legal effect is to implement the joint presumption of fault and causality,while paying attention to solving the problem of medical record defects through multiple channels,perform multi-level presumptions.