The Study On The Medical Accident Crime Problem

Currently, countries all over the world attach great importance to promote the development of health care with legal, and variety of medical malfeasance against society shall be prosecuted. From the point of legislation, in Anglo-American legal system countries, the processing of medical malpractice compensation is mainly used in civil and administrative sanctions and other means. Even if the serious consequences is caused by subjective reasons, the often resolution is high compensation. Meanwhile, in civil law system countries, more emphasis is sent on investigation of criminal responsibility for medical negligence causing serious consequences. France, Germany, Japan, Canada and other countries there is no separate crime of the medical negligence, but it's classified as operational negligence crime of causing death, assault category. Taking into account the high degree of professional medical industry as well as risks, these countries deal with medical malpractice, are taking more forgiveness attitude than negligence causing death and other negligence crime.Medical accident crime has been added to "Criminal Law" as it revised in 1997 in China. According to article 335 of Criminal Law, medical accident crime is medical staff in their clinics; the nursing process seriously irresponsible treatment caused death or seriously damaged to the health of patients behavior. The criminal law provisions of accountability for criminal liability and the prevention of medical accident crime has very important significance. However, in recent years as China's economic development and health system reforming, medical accident crime including the concept of sin, crime and constitute a lack of defects such as gradually exposed, the scope of the specific performance requirements for the subject of crime is too simple, there is a more subjective interpretation errors large differences in death standard unscientific, on the "serious damage" definition is too simple, too general charges, statutory sentence unreasonable. Medical accident crime has many problems. First of all, as the criminal subject, the academic community about the party, logistics people, double identity of people, interns and medical institutions can become a medical issue has been the crime subject there is a big difference. In the view of treating the medical practice as a treatment, the medical staff and the specific circumstances of the party, logistics personnel, double identity of people,interns and medical institutions into the main subject of the scope of the crime incidents in line with medical crime purposes and characteristics of medical practice. Secondly, the medical accident criminal negligence as a business, medical, nurse can only be expressed as a subjective fault. The fault is investigated for medical, nursing an essential element of criminal responsibility, but the premise is the fault of the medical staff should have a corresponding duty of care, therefore, the duty of medical personnel to identify their behavior constituted a crime of medical malpractice one of the key problems. Identified on the duty of care point of view that the results of the three predictable obligations that the results and compromise to avoid the obligations of that said, the compromise that the results anticipated obligations and obligations to avoid the combination of the results described in detail the intrinsic link between the two is found duty medical personnel should be used in theory. As a result, medical accident crime, the medical staff duty of care treatment should be defined as causing death or serious harm to the health of patients anticipate and avoid the results of the dual obligations. Again, the fact that medical causation in the crime has certain subtle and complex, unlike the ordinary criminal civil rights violations that are more intuitive and obvious, so the judge in the proper care and treatment activities in the judicial practice has been harmful behavior identified in the medical problems. Regarding this, we should learn form the western about the accident theory of participation in the medical accident crime, to cause death or serious harm to the person seeking medical treatment for various reasons the health of the human body compared with the analysis of force, in order to correctly judge the causal relationship between the fact that medical accident crime for the identification of scientific and reasonable to provide adequate medical theoretical basis for this crime.Besides the problems of crime composition, the academic in charge of the crime, guilt, legal punishment and so there have been heated arguments since crime incidents has been set. As the crime issue, it is difficult to distinguish the general medical malpractice and medical malpractice limits, so it should be changed to "huge responsibility medical accident crime"; in terms of charges of "patient death", "serious damage to the patient health "should make a clear scientific definition; legal punishment for the crime of criminal types of medical malpractice single, low rate and other problems, should be targeted to add the criminal penalty, the configuration qualification penalty, appropriately increasing the statutory sentence range to medical accident prevention of medical malpractice in the fight against crime as an active role.