Application Of The Principle Of Reliance In Criminal Of Medical Accident

The principle of reliance case in the criminal justice began in Germany, first to address transportation in vehicles and public safety issues. World War II, The principle of reliance in the global expansion of the scope, has been introduced to Japan, Switzerland and Taiwan and other countries and regions. It followed by the application of the principle of trust has been expanding, no longer confined to the field of transportation, beginning in medical malpractice, negligent supervision and other areas of wider application. In other countries, more in-depth study of Vertrauensgrundsatz, particularly in Japan as the most. Japanese scholars have applied the principles of trust conditions, the specific field of application to reach a consensus, their research results effectively to the judicial practice by helping. In comparison, the principles of the research on trust is not enough, few monographs in this area, more scholars only in the papers, monographs in which a passing, of the breadth and depth of less than, the existing research results difficult to deal with Many problems in judicial practice. Although not a trust in our criminal law the principle of the concept, but the Vertrauensgrundsatz has long been the essence of the principle of judicial practice in depth. In 2000 the Supreme Court on the interpretation of the Crime, the responsibility for the accident are divided into different categories, then the fault of the parties to determine the extent to which the Vertrauensgrundsatz is a manifestation of the principle of easing criminal negligence. Relative to the Crime and trust in the principles of criminal negligence in the medical urgency and more the need for. This article will take this as entry points, through the theoretical study of the principles of trust, focusing on the principles contained in the trust in the medical crimes and the specific conditions of use apply to the type of crime effectively solve the medical malpractice are set out the difficulties in judicial practice. Body of text divided into four parts, about thirty-one thousand wordsThe first part is an overview of the principle of trust. In this section, the principles described in detail the trust concept, the historical background,theoretical background and theoretical basis of the principle of trust.The second part is the crime of medical necessity for the principle of trust. Health behavior through investigation, find out the special nature of the crime of medical malpractice, criminal law are discussed in detail the need for medical intervention and Legitimacy. Study in the medical crimes of scholars applied the principles of the theory of trust disputes, by comparing the Crime of the same crime and medical point of principle for the trust in the medical application of the crime to provide a theoretical basis.The third part is the principle of trust in the medical details of the applicable conditions of the crime. In view of the principle of trust scholars studied in Traffic Accident more, the author summarizes the principles of the Crime of trust in the conditions of application, and then puts forward the principle of general application of the conditions of the trust. On this basis, the proposed principle of trust in the medical application of subjective and objective conditions of the crime, and trust that the medical application of the principle crime of the exceptions.The fifth part is the introduction of the criminal law principle of trust in the medical model and identified the role of the crime. This article lists three introduced models, three models are reviewed in detail the pros and cons, and finally selected the minimum cost, the best model. Determination of Crime for medical problems, the author concludes in the article corresponding countermeasures.