Research On Medical Accident Crime

The fifth meeting of the Conference of the People’s Republic of China of the Eighth National People’s Congress on March 14, 1997 revision of the "People’s Republic of China Criminal Law" Section 335 clearly defines the crime of medical malpractice, the determination of the charges for the maintenance of medical institutions work order and protect the legitimate rights and interests of patients had a positive impact. But in 1997 the Criminal Code in determining medical crime since the implementation, both in theory and in the interpretation of the use of judicial practice, have had a lot of controversy and difficult problems. Controversial and difficult issues discussed in this paper: a privately practicing medical malpractice can become the subject of sin. I believe that could be the subject of medical malpractice privately practicing sin not only depends on its medical practice whether it occurs in normal health facilities, and medical staff to look at the implementation of the main acts of whether the practice of medical qualifications, if it can be identified as having a medical malpractice sin, so if you do not have to be recognized as a crime of illegal medical practice, because the infringement of legal interests are medical management order. Second, medical malpractice disputes subjective guilt of sin. I believe that the subjective aspects of medical crime should be at fault, because the acts performed in the course of medical treatment, such as the existence of injury or other damage to kill human life and health clinic intentional act, then the behavior is consistent with the crime of intentional injury or intentional homicide constitute a crime, the crime of intentional injury is directly applicable or intentional homicide. Third, the objective of Malpractice Crime Elements. Whether it is in the process of diagnosis and treatment in the case of negligence, the case as long as the treatment of serious harm to human life and health on a medical crime recognized as medical personnel subjectively, I think that depends on the medical staff constitute the crime of its medical malpractice process, whether the violation of rules and regulations and medical care behavior that caused the damage and whether there is a direct causal relationship.This paper focuses on the above-mentioned problems of medical malpractice crime identified some understanding, to talk about some views through this post in order to provide medical crime some new ideas in specific applications.