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Research on Definition and Handle of Medical Malpractice

Author: DuanYanLi
Tutor: WeiHong
School: Guizhou University
Course: Legal
Keywords: Crime of medical malpractice Identified Punish Constitute a crime Identification System
CLC: D924.36
Type: Master's thesis
Year: 2008
Downloads: 184
Quote: 1
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Abstract


Modern society, the increasingly tense relationship between doctors and patients. Research the identification and punishment of crime of medical malpractice can effectively regulate medical activities; safeguard the legitimate rights and interests of the people; medical units in order to be properly implemented; greater development of the cause of the medical and legal system in China. In this paper, following the identification and punishment of the crime of medical malpractice Analysis: The first part is an overview of the crime of medical malpractice. Introduced the concept and characteristics of the development of the country, outside of Malpractice Crime and crime of medical malpractice. Problems that exist in the identification and punishment of the crime of the second part of the study of medical malpractice. Identified the main subject of this crime, subjective, object, objective aspects and identification system begin to introduce our theoretical circles above arguments focus, which raised the inadequacies of the existing crime of medical malpractice. Secondly, reveals deficiencies and shortcomings that exist in the punishment of the crime of medical malpractice in China, namely: criminal single species, lesser punishment too strict and convicted. The third part is to improve the identification and punishment of the crime of medical malpractice. First proposed uniform identification standards should be constructed as soon as possible so that the correct, reasonable identified crime of medical malpractice. First put forward in the main identified the introduction of the principle of legal game theory \The second aspect of the subjective aspect from the start, it is recommended to distinguish between gross negligence and light fault, describes how to properly define \The third aspect identified the Medical Malpractice crime is a complex object. The main object is the order of the normal management of medical institutions; secondary object is the treatment of human life and the right to health. Less deserving aspects of accident involvement \The fifth aspect of the proposal should complement the public security organs involved in the identification of Malpractice Crime strict medical identification committee, member of the establishment of avoidance system, the establishment of the \Second is to improve the punishment of the crime of medical malpractice. The foreign medical malpractice punished provisions, combined with China's practice, it is recommended that the processing of the crime of medical malpractice should pay attention to probation, configuration qualified punishment, increase the criminal fine, increase the the legal punishment amplitude four aspects to be perfect.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule > Detrimental to order of social administration
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