Medical Malpractice In Criminal Law

With the rapid social and economic development in recent years, people’s moral and legal awareness became increasingly strength, moreover, the medical industry has particularity features in nowadays, doctor-patient relationship and medical disputes became tense. The reasons of rapidly medical malpractice are mainly reflected in the under perfectly rules or regulations of the medical institution, under clearly demarcated of the responsibilities and the imbalance between supply and demand of health care resources. The lack of understanding and communication between doctors and patients, lower operation technology and equipment, the lack of experience and technical capacity of doctors abilities, are also the significant reasons in health care contradiction. According to some medical statistics, the number of medical disputes, occurs around13million each year in frequent and serious incidents of medical disputes, causing a high degree of social concern.China criminal legislations and scholars attached great attention to the concern of medical malpractice, medical negligence of the legislative framework and legal system construction. They believe that medical negligence in China criminal law has still many gaps and conflict and the application of regulations has many doubts and difficult. Different academics have different opinions on the medical negligence theory in criminal law. There are also some debates in the identification of this medical negligence theory in crime areas. This dissertation here aims at the analysis of qualitative and quantitative medical negligence in criminal law, criminal law field the integration of the relevance between theoretical perspectives in criminal law field and practice of justice on medical negligence all over the world.This dissertation is divided into five parts, all about30,000words in addition to the introduction and conclusion,.The first part includes an overview of the overall summary and the legal definition of medical negligence in criminal law.The second part analyses the theoretical basis of medical negligence in criminal law, from the point of criminal law theory view.The third part introduces the medical negligence in both Chinese and foreign criminal law legislation, summarizes the provisions of the ancient Chinese criminal law in the area of medical negligence, generalizes the concept and practice of countries all over the world.The fourth part is the identification of medical negligence in the criminal Law, crime elements in terms of the objective aspect of the Medical Malpractice. This section is the main part of the criminal conviction in the medical negligence.The last part of this dissertation of raises the criminal sentencing of medical negligence in criminal law. Firstly, the author looks into the characteristics of the crime of criminal law in medical negligence, and then improves the recommendations of the sentencing of the Chinese criminal Law in medical malpractice.