The Theory Of The Criminal Lawsuit Of Our Country To Deal With Illegal Human Medical Experiments

In the present stage, a variety of illegal human medicalexperiments activities (including the use of new drugs, the use ofnew medical equipment, as well as the use of new treatment), havefrequently appeared to lose the constraints of medical ethics andhuman relations and moral constraints, new drug, new medicalequipment, as well as new treatments not specific public socialgroups are likely to cause serious public health event, the influenceof a strong, far-reaching. People’s health, as well as citizens’personal health rights must be the protection of the laws befaithfully, with the related provisions of the current CriminalProcedure Law of relatively vague, need to find countermeasures.Human medical experiments must be reviewed with the accesspermission of the administrative department of health under thestrict supervision for suspected criminal illegal human medicalexperiments must be in strict accordance with the CriminalProcedure identified and investigated in this paper mainlydiscussed from four aspects human medical experiments involvingspecific solutions to the ways and means of crime:(1) human medical experiments,"the basic situation of the suspected crime;(2) China’s current legislation and judicial practice in this areastatus;(3) legislation and practice problems and deficiencies;(4) ofthe Criminal Procedure and Evidence system how to solve theproblem.Proposed medical research involving human ethics reviewprocedures and strengthen forensic procedures to improve therelevant Criminal Procedure, this is the basic argument of thepaper. Although the proposal stage of the domestic criminalprosecution of procedural issues, but there is no clear andthorough exposition held standard of evidence to prove such acrime and the conviction and sentencing standards need to bethorough and meticulous research, in accordance with theCriminal Procedure Law.All over the country economic development is uneven, and thecrime involved in illegal medical research involving humanactivities, will be more likely to occur in the economicallyunderdeveloped, and the information is relatively isolated areas, inthe process of criminal liability prosecution, judicial investigators,professional knowledge, especially The lack of high-end medicalknowledge affect their understanding of the dangers for humanmedical experiments, especially the danger arising from the human medical experiments may be in for a long time hidden and notrevealed, only long-term professional work in the medical fieldhave even the experts and scholars, through regular participationin the international cutting-edge and high-end medical meetingexperience, it may appear as expert witnesses on the dangers ofcrime, illegal human medical experiments or in the form of expertopinion presented to the public and judges, as the convictionsentencing evidence. Validation of existing and already establishedby the Medical Ethics Review Committee as an expert organizationto deal with human medical experiments to reach the ethicalstandards and forensic standards by contrast, in criminalproceedings, so the standard for prosecution and conviction andsentencing.The article asserts: the establishment of the crime of illegal humanmedical experiments only supplement to the revised criminal lawto punish crime and to curb the illegal human medical experiments,is not enough. Should be practical evidence of the crime of illegalhuman medical experiments prove that the establishment of amore standard operability and identify, the only way theprosecution of such crime and the conviction and sentencing, itmay achieve. Similarly, for other high-tech crime, but also need totake a similar criminal litigation strategy.