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随着人们法律意识的增强,医疗纠纷已经成为社会的焦点之一。而医疗损害赔偿诉讼中的责任分配问题往往直接关系到诉讼的结果,因此是一个很重要的问题。本文在对举证责任含义进行解读的基础上,对医疗纠纷中的举证责任的几种学说和在实务中的适用规则进行了详细的阐述,以期有助于对这一特殊的举证责任在实践中的正确适用。
As people’s legal awareness increases, medical disputes have become one of the focuses of society. However, the distribution of liability in medical damages litigation is often directly related to the outcome of the litigation. Therefore, it is a very important issue. Based on the interpretation of the implication of the burden of proof, this article elaborates on several theories of the burden of proof in medical disputes and the applicable rules in practice in order to contribute to the practical application of this special burden of proof The correct application.