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随着医疗事业的发展和人们权利意识的增强,医方与患者之间的矛盾愈演愈烈,医患关系紧张以及越来越多的医疗纠纷已经成为社会关注的热点。2002年国家《最高人民法院关于民事诉讼证据的若干规定》(以下简称〈规定〉)及《医疗事故处理条例》开始实施,其中明文确立了在医疗事故案件中适用举证责任倒置原则,为今后处理医疗事故案件指明了方向。然而近几年,有部分专家学者提出异议,反对这一举证原则的适用。本文认为,医疗事故案件中适用举证责任倒置原则是值得肯定和支持的,并具有深远影响。
With the development of medical undertakings and people’s awareness of rights, the contradiction between doctors and patients intensified, the tension between doctors and patients and more and more medical disputes have become the focus of society. In 2002, the State Supreme People’s Court Several Provisions on Evidence in Civil Litigation (the “Regulations”) and the “Regulations on the Handling of Medical Accidents” came into force. The principle of reversal of the burden of proof in medical malpractice cases was expressly established for future treatment Medical accident cases indicate the direction. However, in recent years, some experts and scholars have raised objections and opposed the application of this principle of proof. This paper argues that the principle of reversal of the burden of proof in medical malpractice cases is worthy of recognition and support and has far-reaching implications.