Studies On The Medical Crimes

Amended in 1997, "Criminal Law of the PRC" (hereinafter referred to as the "Criminal Law") was added in a new crime named Medical Crimes. This crime is put in crime of endangering public health located in the sub-section V of Chapter VI of Criminal Law, with the nature of the crime due to professional negligence. The provision concerning Medical crimes fundamental eases the chaotic situation of conviction sentencing medical crime. It also provide lawful basis for the medical malpractice to pursue criminal responsibility of medical staff and maintenance of the normal medical order and the protection of the lives of people for treatment. However, due to the vacancy of judicial interpretation, there comes lot of problems and controversy on the conviction of Medical Crimes. This paper is based on the understanding of Medical Crime in theory and practice.In this thesis, case studies have been used on the analysis of the problems concerning medical crime. The introduction of the thesis includes a brief description of research purposes and a brief review of the research situation of this crime abroad. In addition to the introduction, the thesis is divided into four parts.The first part is the introduction of the case and hot issues. In this part, the writer started with a typical case of disputed and then two focus legal problems which involved in the designating of this case have been concluded. The two problems are designating of the medicine related to the crime and the problem of punishment fits the crime.The second part is the controversial views in this case including the introduction of the focal point of these two divergent views on the controversy in theoretical circle which divided into three types of theory in designating of the medicine. And this part also including two views of punishment fits the crime.The third part is the introduction of the subjective and objective elements of constitutive requirements in the crimes, and made an analysis of exist problems, including the concept of the medical crimes of the "serious irresponsible" and "serious damage to medical people in good health "and other words of interpretation. The writer also does a demonstration of the opinion that this case should be convicted.The fourth part is the conclusion part of thesis, in this part the writer put forward his own views of the previous case and makes some suggestions of the perfect of lawmaking of medicine crime which included rising the range of statutory sentence, adding the punishment against qualifications and making the medical insurance law.