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Breakthrough in Dilemmas of Medical Tort Lawsuit

Author: LinXiaoBo
Tutor: HuYaQiu
School: Suzhou University
Course: Procedural Law
Keywords: Medical tort Dilemma Authenticity unknown Burden of Proof
CLC: D925.1
Type: Master's thesis
Year: 2011
Downloads: 61
Quote: 0
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Abstract


China's current medical tort cases , both inside and outside of the proceedings there are many difficulties. The fundamental reason causing these difficulties , is suffering parties and the facts of the case the judge the authenticity of unknown fears and frustration. Authenticity unknown facts of the case in any kind of litigation are likely to occur, but in view of professional medical services and complex nature , the authenticity of the medical facts of infringement cases more prominent issues are relatively unknown . Seek medical tort litigation dilemma breakthrough , the core facts of the case lies in overcoming the authenticity of an unknown state . Academic consensus , the burden of proof system is the best means to overcome the authenticity of the unknown . However, proof of medical tort liability system has been fraught with difficulties to build , it seems that no single allocation of the burden of proof rules can fully satisfy the requirements of substantive justice . Therefore, the type of medical tort for analysis of different types of medical tort responsibility principle applies different allocation rules and the burden of proof , the burden of proof and thus build a diversified distribution system, the development of modern medical tort liability urgent requirement for crack current medical tort litigation predicament the best choice.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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