浅谈医疗纠纷举证责任倒置

Primary Discussion on Interchanging Responsibility of Providing Evidence in Medical Tangle

《最高人民法院关于民事诉讼证据的若干规定》的实施 ,标志着我国证据制度达到了一个新的发展阶段 ,强调了司法公正与效率 ,第一次以司法解释的形式将医疗纠纷侵权之诉纳入推定过错责任范畴。本文阐述了医疗纠纷举证责任倒置的法律概况、变化情况及概念 ,同时还在医疗纠纷诉讼中双方当事人就举证责任倒置应注意那些问题上提出了个人的一些看法。

Application of !Some provision on evidence of civil suit by Supreme Court ' means that the system of providing evidence has developed in a new period,in which the provision emphasize on the justness and efficiency.It is first time,in the form of judicatory explanation,the suit of medical tangle has been classified in the category of evaluating the responsibility of mistake.In this paper,the legal definition,introduction and other instance of interchanging responsibility of providing evidence in medical tangle was expatiated,as well as the private opinion on attention of interchanging responsibility of providing evidence by both parties in medical tangle suit was explained.