Medical Malpractice

Unceasingly develops in the market economy, legal system unceasingly perfect today, the people unceasingly strengthen to own right protection idea. To paying attention to people's life and medical service quality of having the hospital of the close relation of the health more and more, the contradiction during doctors and patients and medical dispute show a tendency to rise constantly in recent years. Whether the incident of malpractice may use the penalty to punish, this always is a topic which the people argued before, promulgates in the new criminal law, although has the quite partial scholars to hold the affirmation opinion, but persisted cannot use the penalty the method sanction incident of malpractice troublemaker's person also there are plenty of such people. Now, new criminal law promulgating, by holds the penalty to say the viewpoint a school of victory ended this argument. The incident of malpractice crime first time appears in our country punishment statute book, was this after all epoch-making first, how our country judicial worker grasps to this charge still reveals is insufficiently experienced, moreover, as a result of all sorts of reasons, appeared some in the legal science theory and the judicial practice to have the dispute the question, affected this charge correctly to be suitable.The author unifies the criminal law theory and the judicial practice to the incident of malpractice crime in the constitution characteristic, the judicature recognized, the criminal punishment as well as the legislation consummation aspect has carried on the preliminary discussion, proposed the corresponding opinion, supplies the reference.