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The Study On Crime Of Medical Accident

Posted on:2011-01-11Degree:MasterType:Thesis
Country:ChinaCandidate:S G WangFull Text:PDF
GTID:2196330338988698Subject:Law
Abstract/Summary:PDF Full Text Request
Crime of medical negligence has been provided as a special provision in the newly Crime Law,which is regarded as the primary basis in dealing with criminal cases of medical negligence a separate provision from common unpremeditated crime due to the special nature of medical activity. However, the description of guilty facts about Crime of medical negligence in article 335 of Criminal Law is too ambiguous, and the classification of legal punishment of this crime provided is relatively scarce. And the scarcity results in judicial professional's hesitating about which article to apply,which will definitely cause judicial inconsistency and confusion. Nevertheless, scholars disagree theoretically with each other on the establishing of the main body,the subjective and objective aspects of a crime of medical negligence,many scholars do put forward their own proposition on the setting of legal punishment of crime of medical negligence. The author of this paper is trying to make an analysis and an exploration of the notion,the composing features,the establishment and punishment and the perfection of legislation of Crime of medical negligence respectively,and gives his own shallow opinion as well,hoping to help in judicial practice.
Keywords/Search Tags:Crime of medical negligence, Composition of a guilt, Establish, Perfection of the legislation
PDF Full Text Request
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