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从今年4月1日起,最高人民法院开始实施包括医疗在内的8种官司实行举证责任倒置,9月1日起实施的《医疗事故处理条例》(以下简称《条例》)也已公布。这一司法解释和行政法规的出台,对在医疗纠纷中处于相对弱势地位的病人来说无疑是一个福音,但对居主导地位的医务人员来说倒像是一次强震。那么,怎样才能正确地认识和把握医疗诉讼举证责任倒置的司法解释和《条例》呢?我们认为,正确的态度应当是,转变观念理性面对,加强自律积极应对。
Since April 1 this year, the Supreme People’s Court has started the implementation of eight kinds of lawsuits, including medical treatment, with the burden of proof being reversed. The Medical Accident Handling Regulations (the “Regulations”), which came into effect on September 1, have also been released. The introduction of this judicial interpretation and administrative rules and regulations is undoubtedly a blessing to patients who are in a relatively disadvantaged position in medical disputes but it is like a strong earthquake for the dominating medical staff. Then, how can we correctly understand and grasp the judicial interpretation and “Regulations” of reversal of the burden of proof in medical litigation? In our opinion, the correct attitude should be to change the concept of rationality and strengthen the self-discipline to deal with it positively.