The Legal Theory Research About Medical Crime

The medical crime is a kind of new crime, iris a crime that the scholar induces out theoretically, but there isn't any type of these criminal acts in our penal code. In clinic work, medical mistakes can't avoid and it is extensive exist. This cause the medical dispute more and more widespread, the problem involved is more and more complicated and professional. The medical treatment dispute has already become a focus problem of social public concern. If the medical dispute can't get appropriate solve, it will affect to cure harmonious development of suffer from the relation seriously. And it can't make the right between medical personnel and sufferer get the valid guarantee. In that case, strengthen to pursue to the medical mistake law responsibility has the important fulfillment meaning. This text is exactly under the leading that thus a kind of thought a system that complete analysis and the research medical crime of thesis. The text is divided into three big chapters totally: chapter 1 for total say; chapter 2 for the composing important item that medical crime; chapter 3 for the penalty that commit medical crime.Chapter 1 passes the analysis of the concept, type, the law characteristic and the introduction of the medical treatment crime lawmaking origin and development that commits crime to the medical treatment, content that medical crime and postpone to carry on the summary and analysises outside, announce to public the medical crime actually is a type what kind of criminal offence, indicate the medical treatment crime to have theoretically and actually which characteristics.Chapter 2 passes the analytical medical treatment crime of composing important item, the corpus, a body, subjective important item and objective important items of the analytical medical treatment crime, announce to public the appearance of the medical treatment crime, and constituted some problems with a little bit difficult theories of the important item to do the further research to the medical treatment crime, including a body that medical treatment faultily commit crime in a specific way, illegal the penal code of the law characteristic and medical treatment mistake that practise medicine the criminal corpus, the medical treatment behavior learns the meaning etc. problem.A simple treatise the penalty of the medical treatment crime, analysis and compared the Chinese and Foreign different and similar in the medical treatment crime penalty, and pass the analysis of the typical model case example to study the our country medical treatment crime penalty to cut the quantity.