今年4月1日起施行的《最高人民法院关于民事诉讼证据的若干规定》明确规定,因医疗行为引起的侵权诉讼,将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,即实行“举证责任倒置”。新规定列举了8种适用举证责任倒置的情况,其中6种都有法律基础,分载于《专利法》、《民法通则》、《环保法》。但由于医疗侵权在《民法通则》中没有被列入特殊侵权案件实行举证责任倒置的范围。因 The Supreme People’s Court’s Several Provisions on Evidence in Civil Litigation, which came into effect on April 1 this year, clearly stipulate that there will be no causal link between the medical act and the result of the infringement and the non-existence of medical treatment due to infringement litigation arising from the medical act Fault to bear the burden of proof, that is, “the burden of proof inversion.” The new rules list eight cases of reversal of the burden of proof, of which six have legal basis and are subdivided into the Patent Law, the General Rules of Civil Law and the Environmental Protection Law. However, the medical tort has not been included in the “General Principles of Civil Law” in the scope of reversal of the burden of proof in special infringement cases. because