Researching On Completing Medical Injury Compensation System

“Tort Liability Law”before the introduction of China’s medical system ofdamages due to the contradictions and shortcomings of the legislation so that a longperiod of “dualistic” confusion,“Tort Liability Law,”introduced after the end of thedual situation of China’s medical damages determine responsibility principle, unifiedmedical concept of damages and compensation standards, to make a contribution toimproving the medical system of damages. But the lack of specific provisions Aboutthe allocation of the burden of proof and the standard of compensation, judicialpractice can not be a good solution to the conflict between doctors and patients, and toremission the opposition of the long-term doctor-patient relationship. This articleattempts to start from the inadequacies of our medical system of damages, and learnfrom some foreign countries, such as Germany, the United States advanced theory,combined with the specific realities of our country to build in line with China’snational conditions, better able to ensure that the interests of the majority of patients,balance the doctor-patient relationship, medical malpractice compensation system.This paper is divided into four parts, reads as follows: the first introduces thedevelopment and existence of the shortcomings of our medical system of damages.The second part describes the make the perfect "Tort Liability Act" after theintroduction of the system of medical damages and inadequacies exist. The third partof Germany, France, the United States in the medical damages related to the burden ofproof and damages in the theory, and comprehensive comparative analysis. The fourthpart mainly from two aspects of the burden of proof and the standard of compensationto make concrete proposals to achieve further improve our system of medicaldamages.