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Research On The Burden Of Proof In Medical Injury Dispute In China

Posted on:2022-03-17Degree:MasterType:Thesis
Country:ChinaCandidate:P DuFull Text:PDF
GTID:2506306743463154Subject:legal
Abstract/Summary:PDF Full Text Request
The introduction of the Civil Code marks a qualitative leap forward in the system of our national law.However,in the dispute of medical damage,based on the uneven distribution of the burden of proof between doctors and patients,it has affected the normal rights of patients,resulting in the increasing contradiction between doctors and patients in the society in recent years.To this end,our country's law has also carried out a lot of attempts and exploration.In general,the burden of proof distribution system can be regarded as three stages of development,namely,the "who advocates,who gives evidence" stage,"inverted burden of proof" stage,"multiple burden of proof" stage.However,no matter at any stage of development,the burden of proof distribution system has certain shortcomings,the legitimate rights and interests of both doctors and patients have not been effectively balanced.The author consults the data and finds that the burden of proof mitigation system is a legal system that can effectively reduce the pressure of patients to prove and balance the legitimate rights and interests of both doctors and patients.The system is conducive to ascertaining the facts of the case and improving the judicial efficiency of judicial proceedings by realizing the dynamic distribution of the burden of proof between doctors and patients.It is learned from the relevant information that the system of détente of evidence in foreign countries has been widely used in the field of medical damage litigation.At present,under the circumstance that the burden of proof system of medical damage disputes stipulated by the current law in China can not fully protect the rights and interests of patients,it is very necessary for our country to construct the system of easing the burden of proof in medical damage disputes.This paper mainly from the fol owing aspects,the construction of evidence mitigation system to carry out research:The first part is the introduction,which discusses the research background,research significance,domestic and foreign research review,etc;The second part is the theoretical research on the burden of proof in medical damage disputes,which explains the theoretical concepts of burden of proof,imputation principle and types of medical damage,and expounds the composition and legal characteristics of general medical tort,the distribution of burden of proof and the practical difficulties affecting the distribution of burden of proof;The third part examines the current burden of proof system of medical damage disputes in China,discusses the burden of proof in medical technology damage,medical ethics damage and medical product damage disputes,further analyzes the specific situation of the burden of proof on both doctors and patients,and points out the shortcomings of the burden of proof system in medical damage disputes in China;The fourth part discusses the system of reducing the burden of proof,first of all,the experience of the burden of proof system in medical damage disputes in extraterritorial countries is used as a reference,and further demonstrates the basic content and value orientation of the burden of proof mitigation system;The fifth part discusses how to construct the burden of proof mitigation system in medical damage disputes,and puts forward the judicial application and legislative proposals of the burden of proof mitigation system.
Keywords/Search Tags:Medical damage, Burden of proof, Mitigation system, Construct
PDF Full Text Request
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