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The Research on the Crime of the Medical Accident

Author: ZhuYao
Tutor: ZhuJianHua
School: Southwest University of Political Science
Course: Criminal law
Keywords: Crime of medical malpractice Medical practices Causal relationship Medical staff Penalty
CLC: D924.3
Type: Master's thesis
Year: 2009
Downloads: 223
Quote: 0
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Abstract

China's medical disputes abound, and more and more complex, the doctor-patient relationship is quite tense, medical malpractice has become a community hot issues of common concern. If you the medical dispute can not be properly addressed, will seriously affect the establishment and development of the normal doctor-patient relationship, and ultimately are not effective in protecting the legitimate rights of the medical staff and the patient's personal rights. In this case, it is very important and urgent to strengthen Malpractice Crime. In addition to the introduction and conclusion divided into four parts the first part of this section is an overview of the crime of medical malpractice. The first discusses the meaning of the crime of medical malpractice. The article that medical malpractice is the starting point and foundation of the study of medical malpractice sin, we must strictly distinguish between medical malpractice and medical accidents; medical accidents and medical technological accidents. Second, the article introduces the Chinese and foreign legislation on the crime of medical malpractice, compared to Chinese and foreign medical crime legislation. The article that the Chinese and foreign medical negligence Legislation Model selection, there are some differences, medical criminal negligence, the difference of the foreign criminal legislation, penalties, criminal negligence differences of Chinese and foreign medical. The second part, the part of the objective aspects of medical malpractice. Include the following: First, the article discusses the characteristics of medical practices that preventive behavior, medical and cosmetic act, the clinic also should belong to the scope of medical practices, medical practices must have legitimacy and practicing two elements. Second, the article gives the meaning of \I suggest \Again, that standard of \should be the basis of criminal law standards. Finally, the objective aspect of medical causality research Malpractice Crime complex causal relationship could help to define each crime of medical malpractice main criminal responsibility. Due to the special nature of the medical causality, its judgment is very difficult. The article centers around medical causal relationship particularity, the characteristics of medical causality, the form and scope of performance are discussed. The special nature of the medical causal relationship is mainly reflected in the fact that the causal relationship, but the the legal causal relationship also has its own uniqueness. Malpractice Crime causal relationship between the appearance: due to a fruit chain, asynchronous, contributed to the synthesis of five causal relationship. About the causal relationship between the scope of the doctrine of the author advocates a causal relationship. The third part, the part of the medical malpractice subject of a crime fewer aspects of research, the first is the characteristics of the medical staff has two characteristics: the medical staff, medical staff must have the appropriate medical knowledge and medical skills, medical personnel must obtain practicing qualification and certificate. The two elements are indispensable medical officer has the two elements is the legality of the important factors in their medical practices. Followed by two special main ability is a crime of medical malpractice body, first class medical management and logistics services, I believe that after all, not care clinics medical management and logistics services personnel engaged in their work. not a high-risk business, should not enjoy medical malpractice Zuiqing of ordinary negligence in penalties. Should not be included in the scope of the main body of the crime of medical malpractice. The second internship medical staff, internships clinic care medical staff in the guidance doctors allowed irresponsible cause of death in patients with serious or serious damage to the health of the patients behavior, crime of medical malpractice should be given, On the contrary, the crime of illegal medical practice should be set. In addition, of the medical staff to evade the issue, medical practices related to the lives of patients and the right to health, the doctor-patient relationship is a part can not be ignored in the study of the crime of medical malpractice. A considerable number of medical acts of intentional homicide due to medical staff and patients there is a deep contradiction, then had a motive to kill, murder to cover up by the legitimate practice of medicine. I suggest legislation to require medical personnel to evade the issue. The fourth part, the part about medical malpractice theory of criminal responsibility. The first is the medical malpractice criminal liability and civil liability, criminal liability and administrative responsibility competing cross and practice how accurate attribution. Strict distinction between the three of great significance for us to deal with the crime of medical malpractice. Finally, the penalty for the crime of medical malpractice. Since the main body of the crime of medical malpractice generally subjective vicious smaller, and better expression of penitence. The article advocated sentencing should be light on the crime of medical malpractice should not be heavy, which is in line with China's national conditions. In addition, I believe that medical malpractice penalty for the crime is also a problem, the types of penalties for the crime of medical malpractice Malpractice Crime sentencing provisions of the Criminal Law imprisonment and detention of two, as opposed to the kinds of criminal appears to be too thin. Is not conducive to implementing the principle of suiting punishment. The crime of medical malpractice sentencing recommendations: emphasis on suspended applicable, an additional criminal fine, configuration qualified punishment on the medical malpractice criminals sinners accurate conviction and sentencing of the crime of combat and transformation of medical malpractice has a positive meaning.

The Research on the Crime of the Medical Accident

Abstract

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