Legislative Study On Medical Malpractice Crime

Article335of criminal law of People’s Republic of China stipulatescrime of medical malpractice. Even though the theoretical study ofmedical malpractice crime is relatively active in recent years, some issuesof the crime still lead to bitter controversy, and can not be unanimous,and there are many imperfections on its legislation, which make the crimelack of maneuverability on juridical practice. On the basis of relativelegislation in China, by integrating historical analysis, comparativeanalysis, documents analysis and logical analysis, this paper studies andexplores issues on constitution of the crime and its legislation, in the hopeof improving the relative criminal legislation in our country.This papercontains forty thousand words and divides into five parts.The first chapteris a sketch of medical malpractice crime, which analysis and defines therelative concept of the crime, and reviews the legislative evolution of thecrime from ancient times to modern times and contemporary times; Thesecond one is relative provisions of medical malpractice crime on outsideborders. By studying legislation on medical negligence crime in HongKong, Macao and Taiwan law, civil law and common law, makinghorizontal comparison with medical malpractice crime legislation in ourcountry.The third one is constitution of medical malpractice crime.Analyzing some issues on the constitution of the crime, such as how todefine gross irresponsible act and medical personnel, and presenting theauthor’s point of view.The forth one is legislative defect of medicalmalpractice crime, presenting that appraisal standard of “harm to patient’shealth seriously” is variety and the statutory offence is set upunreasonably.The last one is legislative perfection of medical malpracticecrime, on the legislative defect of the crime, advancing ways to improve,constructing a same definition criterion of the crime and improving thestatutory offence of it are included.