《最高人民法院关于民事诉讼证据的若干规定》于2002年4月1日起施行,其中第4条第8项规定:“因医疗行为引起的侵权诉讼,由医疗机构就医疗行为与损害结果之间不存在因果关系及不存在医疗过错承担举证责任.”即医疗机构承担医疗诉讼的举证责任。这在一定程度上改变了患者在医疗诉讼中的传统弱势地位,受到了社会的普遍欢迎。然而,这在医务界引起了强烈的“反响”。提出了“谁还敢当医生?”、“医院还能开吗?”等众多质疑。的确,新规定打破了相当部分医生的传统心理定式,增加了医方的诉讼风险。对此.医方应当正确理解,要认识到这有利于依法规范医方的执业行为,提高医疗服务质量,保护患者的合法权益,从而有利于从根本上保护医方的合法权益。所谓举证责任,是法律规定诉讼一方当事人在诉讼过程中应当承担的向人民法院提交证据的义务。由谁负责举证,这是有法定要求的。一般侵权诉讼,实行“谁主张,谁举证”,由原告承担举证责任。法律有特殊规定时.才能实行举证倒置,就是将通常由原告承担的举证责任按规定由被告承担。原则上医疗侵权诉讼的举证责任是:原告(患者或其家属)负责举证:①患者在被诉医院就诊的事实;②患者有医疗损害后果的事实。作为医疗侵权诉讼被告的医方,举证事项有:①自己确无过错;②医疗行为与 Several Provisions of the Supreme People’s Court on Evidence in Civil Litigation came into force on April 1, 2002. Article 4, paragraph 8 of the Provisions stipulates: “Infringement lawsuits arising out of medical acts shall be handled by medical institutions in respect of the medical conduct and the consequences There is no causal relationship between the absence of medical malpractice and bear the burden of proof. ”That the medical institutions to assume the burden of proof of medical litigation. To a certain extent, this has changed the traditional disadvantaged position of patients in medical litigation and has been widely welcomed by the society. However, this caused a strong “reaction” in the medical community. Put forward “Who dare to be a doctor?”, “The hospital can open it?” And many other questions. Indeed, the new rules have broken the traditional psychology of a considerable number of doctors and increased the litigation risk of the medical authorities. To this end, the medical profession should correctly understand that it is necessary to realize that this will be conducive to regulating the practice of the medical profession in accordance with the law, improving the quality of medical service and protecting the legitimate rights and interests of patients so as to protect the lawful rights and interests of the medical authorities fundamentally. The so-called burden of proof is the obligation that the law stipulates that a party to a litigation should bear the evidence submitted to the people’s court during the litigation. It is legally required for who should bear the burden of proof. General infringement litigation, the implementation of “who advocates, who evidence”, the burden of proof by the plaintiff. When there are special provisions in the law, the burden of proof can usually be reversed by the plaintiff, and the burden of proof on the plaintiff is borne by the defendant. In principle, the burden of proof in a medical tort litigation is that the plaintiff (the patient or his / her family) is responsible for supporting evidence: ① the fact that the patient was treated in the prosecuted hospital; and ② the fact that the patient has the consequence of medical harm. As a medical tort lawsuit defendant, the evidence is: ① itself is no fault; ② medical behavior and