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在医疗纠纷的处理中适用举证倒置原则,立法原意在于体现程序正义,使相对处于弱者地位的患者处于有利地位。但实践中不断涌现出来的案例使我们不得不重视:既然法的价值在于正义、秩序、自由。那么,医师的权利也应得到强有力的保护。在本文中,笔者提出一个观点:应再出台相关司法解释,对举证倒置在医疗纠纷处理中的适用作出限制性解释。
The principle of the inversion of the burden of proof is applied in the handling of medical disputes. The original intention of the legislation is to reflect the procedural justice and to make the patients who are relatively weak are in a good position. However, the continuous emergence of cases in practice makes us have to pay attention: since the value of law lies in justice, order and freedom. Well, the rights of physicians should also be strongly protected. In this article, the author puts forward one view: Relevant judicial interpretations should be promulgated again to make a restrictive interpretation of the application of evidence inversion in medical dispute resolution.