The Study On Medical Accident Crimes And The Grounds For Crimes Obstructed

With the development of social economy and higher requirement on the health‐care level, the medicaldispute has inevitably become one of the hotspots in the social concerns. Crime of medical accident hasbeen signed into Criminal Law in 1997 but there are still some arguments about its practical application inthe judicial circles. So it's difficult to tell who is to be blamed and how it should be done in the medicalaccidents. As a result, so many medical accidents which ought to be investigated for criminal responsibilityfinally have to be dealt with as civil cases which make the national power of punishment out of action. Soit's far‐reaching both theoretically and practically to develop a standard to judge whether it's Crime ofmedical accident.The full text is about 30,000 words and is divided into three parts.(1) Making some concepts clear.In order to understand the medical accident from its intension and extension, we will start with thedelimitation or discrimination of the primary concepts, such as medical accident, medical staff, act ofmedical treatment and severely harming health.(2) Grounds for the elimination of illegality in the Crime of Medical Accident.The duty to disclosure and the crimes committed by the hospitals that are major concerns recently arediscussed, including medical emergency, therapeutic privilege, renunciation of the right to know of thepatients and misunderstanding by the patients.(3) Grounds for the elimination of the Crime of Medical Accident.The subjective faults necessary in the formation of Crime of Medical Accident are mainly analyzed. Theforms and quiddity of the negligence by the hospitals and the impunity of the duty in it are reported. Inthem the quiddity of the negligence involves the origin of the obligation in attention, standard of attentioncapability and range of reasonable attention. The research on the grounds for the elimination of the Crimeof Medical Accident is factually aimed to give the application range of the Crime of Medical Accident. Thedefinition of the Crime of Medical Accident requires the penetration and mutual promotion among the law,a field of social science, and the medicine, a natural science. The possible criminal responsibilities of themedical staffs should be ascertained while the sound and rapid development of the medical science should be ensured.