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The patient disputes Burden of Proof of Jurisprudence

Author: ZhangYaMin
Tutor: GongTingTai
School: Nanjing Normal University
Course: Legal
Keywords: Patient disputes Burden of Proof Tort Liability Act Value orientation
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 77
Quote: 0
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Abstract


Patient disputes is the focus of attention. How reasonable balance of Burden of Proof doctor-patient relationship, to achieve fairness and justice of the law, has been a hot topic in academic research. The medical tort Burden of Proof has its particularity, the risk of side between medical institutions and medical information on serious asymmetry, the suffering in a very vulnerable position. For the purpose of protection of patients, the 2002 implementation of the \institutions to bear the burden of proof of fault and causation elements. However, this system has led to the practice of medical institutions to take defensive medical practices, and ultimately makes the damage to the interests of all patients. In this context, the introduction of the \58 provides that the three statutory presumption of fault situations, and ease the burden of proof rules to relief for the weak position of the risk of side, which is obviously contrary to the value of the pursuit of fairness and justice. How fair and equitable distribution of the burden of proof of both doctors and patients Burden of Proof system, establish and improve the doctor-patient disputes, injured patients, the medical side, all patients tripartite interests of balance, it is a reality and urgency of the research topic. Therefore, thinking from the perspective of jurisprudence the patient disputes that the allocation of responsibility to prove the basic theory of the allocation of responsibilities gives a comprehensive overview of the doctor-patient disputes, according to the medical liability for damage, \Medical Injury Liability Fixation and allocation of the burden of proof to clarify the special nature of medical injury burden of proving that the allocation of responsibilities, clear the medical disputes Burden of Proof in the value orientation of the legislation, has important theoretical value and practical significance. The value of the burden of proof distribution contains a composite, patient disputes that the legislative process of the allocation of responsibilities for the value of conflict should be based on the rights and responsibilities assigned consistency, consistency of procedural justice and substantive justice, the principle of effectiveness, the principle of good faith and protection the right to life, the right to health, including the human rights of these five value orientation, as well as humanitarian, impartial, independent evaluation principles to improve patient disputes in China prove that the distribution system.

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