The Research Of Medical Accident Crime

With the development of our national economy, improvement of people's living standard, the progress of medical care and epidemic prevention has greatly ameliorated the health level of our people, but it is undeniable that, from time to me, there are still patients got killed or badly damaged in health because of medical personnel's irresponsible behavior. However, people become more and more conscious of their rights, express their intention during the processing of medical disputes. At this time, medical accident has naturally become the common concern to the topic for all social circles. Crime of medical accident is newly-added crime in the criminal Law of the People's Republic of China taken effect on Oct.1,1997."The medical staffs that cause the death of patients or serious injury to patient's health because of their serious irresponsibility for their medical work shall sentenced to more than three years' imprisonment or detention.", which is the fundamental basis to investigate the main criminal liability during a Medical Malpractice. But because the weak maneuverability of the basic foundation, there's no further refinement by judicial interpretation and relevant judicial explanation, resulting the lack of a detailed treatment and unified standards in the judicial practice of medical malpractice. Research has never been stopped in our legal science and medicine of SINS for medical accident, but a unified view is still missing in medical accident crime issues. This paper attempts to explore this issue, in order to make contribution to identifying the liability in medical accident and coping with the crime.This article, besides the preface and the epilogue, includes five parts, with a vocabulary of 40,000 words.The first part is to make an introduction on the concept of medical accident crime and legislation evolution. This section firstly introduces the concept of medical accidents in China, and then makes a rough review of relevant medical accident crime legislation evolution. Finally is to elucidate the legislation significance of criminal law in medical accident.The second part is to study the essential elements of medical accident. Disputes on the components of medical accident crime are analyzed in this part, and the author presents his own opinions. First of all, the paper defines the ranges on "medical personnel" of the principal parts in medical accidents. Secondly, subjective aspect of medical accident crime and the capability of attention are discussed. Once again, in the objective aspect of this crime, the author studied the "Medical practice","Harmful consequences","causal relationship" etc. and put forward corresponding identifying standards. At last, it briefly analyzes the object of medical accident crime.The third part is medical accidents crime analysis of the judicial cognizance question. In this part, the author discusses the different aspects the medical accident crime and medical errors, medical accidents, saving behavior and crime of neglect of duty, illegal medical practice and major of liability accident.The fourth part is to analyze the of technical appraisal problems of medical accidents. In this part, the author anatomizes the defects of the technical appraisal for medical accidents in judicial practice, and puts forward corresponding perfecting mechanism.The fifth part is to study the legal punishment issues in the medical accident. In this part, it mainly analyses the different views of legal punishment on medical accident crimeand brings up the corresponding countermeasures.