医疗诉讼证据规则新论——对《最高人民法院关于民事诉讼证据的若干规定》实施评析

The New Theory of Litigation Evidence Rule in Medical Treatment: Lmplement Appraisal on "A Certain Number of Stipulation on Evidence of Civil Suit by The Supreme People' s Court",

就《最高人民法院关于民事诉讼证据的若干规定》的发布及施行,尤其是“医疗行为举证责任倒置原则”的确立,对医疗诉讼的影响进行了重点评析。应用法学理论,结合案例实践,提出了医疗机构应诉应当重点注意的事项以及应诉对策的建议,旨在实施新证据规则以后,对各医疗机构及其医院管理者树立法治观念、增强应诉能力产生积极的影响。

The paper focused our appraisal on the issue and the promulgation of{A Certain Number of Stipulation on Evidence of Civil Suit by The Supreme People' s Court》, especially the establishment of'the inversion principle of evidential responsibility in medical treatment action , and the influence on medical litigation. The author used legal theory, combined practice of a case and then put forward the items which should be noticed when the medical organizations faced litigation; the suggestions and countermeasures which should be accepted when facing lawsuit. Therefore on the establishment of legal idea and the strengthening of litigation ability among the medical organizations of all levels and medical staff.