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虽然各地正在或者已经开始了化解医患矛盾、实现医患关系和谐的积极探索,并取得了一定成效,但是医患之间的非良性关系仍未得到根本改善。应当说建构或者营造和谐的医患关系是一项宏大的系统工程,需要社会各界从多角度进行努力。本文试图探索医患关系的现状与举证责任分配制度之间的内在关联性,并试图以举证责任分配制度的改革助力和谐医患关系的建构。一、医患纠纷举证责任分配制度的沿革我国医患纠纷民事诉讼中的举证责任分配制度的历史沿革,自改革开放以来
Although all over the country is or has begun to resolve the contradiction between doctors and patients to achieve a harmonious exploration of doctor-patient relationship and achieved some success, but the benign relationship between doctors and patients has not been fundamentally improved. It should be said that building or building a harmonious doctor-patient relationship is a grand systematic project and requires the efforts of all circles of society from many angles. This paper attempts to explore the relationship between the doctor-patient relationship and the burden of proof distribution system, and try to use the reform of the burden of proof distribution system to help build a harmonious relationship between doctors and patients. First, the dispute between doctors and patients to prove the distribution of the burden of proof The evolution of the dispute between doctors and patients in the civil litigation in the history of the distribution of burden of proof system, since the reform and opening up