The Rise and Decline of the Reversal of the Burden of Proof in China's Medical Negligence Law: A Political Economy of Lawmaking Perspective

The China Review, Vol. 12, No. 2 (Autumn 2012), 33–58

26 Pages Posted: 15 Jun 2014

See all articles by Chao Xi

Chao Xi

The Chinese University of Hong Kong

Lixin Yang

Renmin University of China - Law School

Date Written: June 15, 2014

Abstract

An issue of central importance to the medical negligence law reforms in China over the past decade is the allocation of the burden of proof between the plaintiff patient and the defendant medical care provider in medical negligence actions. From a political economy of lawmaking perspective, this article examines the evolution of the burden of proof rules, with a focus on the reversal rule developed by the judiciary. Drawing extensively on firsthand legislative materials, this article argues that the successful lobbying of the medical profession in the legislative process leading to the enactment of the 2010 Tort Liability Law explains the nonadoption of a full-blown reversal of the burden of proof rule for medical negligence actions in the law.

Keywords: China, Medical Negligence, Burden of Proof, Political Economy

Suggested Citation

Xi, Chao and Yang, Lixin, The Rise and Decline of the Reversal of the Burden of Proof in China's Medical Negligence Law: A Political Economy of Lawmaking Perspective (June 15, 2014). The China Review, Vol. 12, No. 2 (Autumn 2012), 33–58. Available at SSRN: https://ssrn.com/abstract=2450711

Chao Xi (Contact Author)

The Chinese University of Hong Kong ( email )

Hong Kong
+ 852 2696 1142 (Phone)
+ 852 2994 2505 (Fax)

Lixin Yang

Renmin University of China - Law School ( email )

59 Zhongguancun Avenue
Haidian District
Beijing, 100872
China

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