论文部分内容阅读
由于医疗侵权诉讼中的举证责任倒置,引起了社会和医疗行业的广泛关注。作者阐述了要正确理解举证责任倒置实质是举证责任的一种重新分配,有着深刻的法理学基础,并且代表着现代民法的发展趋势。提出在医疗诉讼的实践中要正确理解和应用举证责任的倒置,以保证医患诉讼裁定中的公平与合理,使之有利于维护社会整体利益和长远利益,来推动卫生事业的健康发展。
Due to the reversal of the burden of proof in medical tort litigation, it has aroused widespread concern in the social and medical industries. The author expounds that it is a kind of redistribution of the burden of proof to correctly understand that the inversion of the burden of proof has a profound jurisprudence base and represents the development trend of modern civil law. It is proposed that the inversion of the burden of proof should be correctly understood and applied in the practice of medical litigation so as to ensure the fairness and reasonableness in the ruling of the patients and patients so that it is beneficial to the maintenance of the overall interests and long-term interests of society and to promote the healthy development of health undertakings.