Research On The Burden Of Proof In Medical Tort Litigation

Medical tort litigation is limited by the difference in the ability of proof between doctors and patients,and the assignment of burden of proof is more complicated than general litigation.Based on the purpose of protecting the substantive rights of the parties and giving consideration to the value of litigation efficiency,China tries to explore the litigation.Based on the purpose of protecting the substantive rights of the parties and giving consideration to the value of litigation efficiency,China explores relatively fair rules for the allocation of burden of proof in continuous correction,so as to protect the rights of vulnerable parties.At this stage,although the system of burden of proof in medical tort litigation has been relatively perfect,there are still a lot of trouble,such as imperfect provisions of medical damage liability,defective medical appraisal mechanism,imperfect medical damage liability insurance system and so on,which need to further improve the legislation.From the perspective of the burden of proof,in order to protect the rights of vulnerable parties,On the basis of investigating the judicial practice effect and social effect of the current burden of proof system,this paper puts forward some suggestions,such as perfecting the principle of imputation and standardizing the exercise of judges' discretion.