The Study Of Medical Accident Crime

Medical accident crime is explicitly defient in the 1997's Criminal Law that to provide the legal basis for handling medical incidents. However, after 10 years of development, Medical accident crime, whether in theory or in practice, many problems still great controversy. Judicial practice to be able to accurately identify Malpractice Crime and punishment, this article from the medical establishment of the Crime of starting the background and objectives, details on the medical aspects of the Crime of the four discussed. The object of the crime incidents, I believe that the object of the crime is a complex medical objects, the main object is the state management of medical and health work order, the secondary object is the treatment of human life and health. Crime in the medical aspects of medical practice the objective concept of doing a definition of the crime on the medical treatment of deaths or serious damage to health of patients made the standard definitionHard to grasp for the judicial practice of the medical causal relationship between the crime were analyzed, and lists several common types of causality. In the main body of Medical accident crime, the main discussion of medical institutions in the administration, logistics services, and so the staff, graduate trainee medical colleges and universities, medical institutions, short-term practice in China of foreign doctors to practice medicine privately whether the medical staff accident crime. The subjective aspect of the crime can only be constituted negligence, and focuses on the principle of trust can be applied to the crime.The article also analyzes the Medical accident crime from the common crime of crimes, victims from the risks involved with the medical crimes and the existence of causal factors such as judicial practice found difficult to put forward his own views. Penalties for the crime in the area of Medical accident crime, Medical accident crime punished by the magnitude and intensity of the defect analysis, from the types of medical punished and the punishment of two aspects of Medical accident crime legal punishment for the crime of perfect...