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Study on Crime of Medical Accident

Author: ZengZhiBo
Tutor: CaiQingHui
School: Xiamen University
Course: Legal
Keywords: medical accident the structure of the crime legislation
CLC: D924.3
Type: Master's thesis
Year: 2008
Downloads: 158
Quote: 0
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Abstract


Medical accidents have taken place constantly in recent years. Establishing exactly on crime of medical accidents plays an important role on resolving issues between doctors and patients, easing contradiction between doctors and patients, constructing harmonious society. The main body of this thesis includes three chapters. The content of the first chapter of this thesis is the summary to crime of medical accident. I expound the concept of crime of medical accident, and simply introduce the development of the stipulation in Criminal Law of our country and in abroad. The purpose of the chapter is to indicate that the unify of accusation of medical accidents and definition of measurement of penalty experienced long history.The content of the second chapter of this thesis is analysis about the structure of the crime of medical accident. I make emphasis on studying the objective aspect and subjective aspect of the crime. It is the main body of this thesis. The first section expounds the subject of the crime of medical accident. I don’t think the people who engage in logistics and administration in hospital belong to the criminal which offence the crime of medical accident, but the medical technical workers. The second section studies on the subjective Attitude of the crime. Crime of medical accident belongs to unpremeditated crime. The subjective Attitude of the crime mainly concludes attention obligation and attention capability. The third section studies on the objective aspect of the crime of medical accident. I think that the crime should happen in the lawful and normal medical action. "neglect seriously" means that medical workers violate the medical institution and medical convention in medical treatment, and don’t carry out or carry out erroneously his medical duty. The detriment result contains "death" and "injury seriously patient’s health". The last section makes a summary analysis on the relationship of the causes and effects of the crime. The content of the last chapter of this thesis is about the shortcomings existed in the measurement of penalty and making suggestions on adding fine punishment and qualifications punishment, and valuing the applying of probation. Because of the particularity of medical treatment industry, establishing the crime of medical accident must be a complex process, it involves many elements and we shall consider synthetically. Research on the crime of medical accident is also a constantly perfecting course. We should measure it exactly so that the backing function of criminal law can be exerted.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule
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