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On Distribution of the Burden of Proof in Medical Tort

Author: ZhengYaJun
Tutor: WuJie
School: Southwest University of Political Science
Course: Legal
Keywords: Medical violations Burden of proof Medical treatment
CLC: D923
Type: Master's thesis
Year: 2010
Downloads: 340
Quote: 2
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Abstract


In addition to this introduction, and thank, the divided into four chapters.The first chapter is a medical act and health violations. Expounded in this chapter the concept of health behavior, classification and the special nature of medical treatment and medical concepts and conditions that constitute violations. Only an accurate grasp and understanding of medical practices, in order to better grasp of the medical tort, helps to understand the medical tort the allocation of the burden of proofThe second chapter is to prove that the allocation of responsibility and burden of proof. Through this chapter, the burden of proof and demonstrate the concept of the allocation of responsibilities, characteristics, doctrine, the legal nature of the presentation made clear the double meaning of the burden of proof; through the presentation of civil law, common law principle of the allocation of the burden of proof has revealed the proof of the allocation of responsibilities an important basis; prove that the distribution of responsibilities is the core of the burden of proof, on this issue, the doctrine of an endless stream, which has the judges in the administration of justice to overcome the unknown authenticity of the offer can learn ideas.The third Chapter is a proof of the foreign medical tort principle of shared responsibility. This chapter describes the common law have the facts speak for themselves negligence principles, the German law of "table, see proof of" theory, the Japanese law about the presumption, and an analysis of similarities and differences between the three, for in the improvement of medical tort burden of proof can be provided reference system modelThe forth Chapter is to improve the allocation of responsibilities of medical tort that thinking. This chapter first reviews the allocation of China’s medical liability tort that the legislative process to explore the medical tort cases in the exercise of discretion by the judge must consider the value of the factors that patients in the medical side and between the allocation of responsibilities for a simple change that can not be completely to resolve patient disputes the need to establish appropriate medical liability insurance system, through various means for resolving medical disputes in order to ease the strained doctor-patient relationship.

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