The Basic Theory Of Medical Negligence Crime Research

Since the mid1990s, the physician-patient relationship in China is getting worsewith the progress of medical technology and the development of the society, and thephysician-patient dispute is growing explosively. Although the proportion of criminalcases among all the medical disputes isrelatively less, it has pretty serious socialharmfulness and has cause bad social influence. In1997, the revised criminal lawrespectively defined "the crime of medical accident","the crime of illegal medicalpractice" and “the crime of illegal contraceptive operation”in article356and article356,and this is the first time in China penal law to stipulate medical practice. While,the research of medical problem in the academic circle is quite weak, even it is one ofthe branches of criminal law. Especially in the mainland, some basic principles incriminal law do not apply duly in the field of medical criminal law. Compared withthe rapid development of medical technology, they are some obvious lags in thestipulation of medical negligence crime.Therefore, based on the problem, the author takes the basic theory of medicalnegligence crime as my master’s thesis topic. And the paper mainly carries on thediscussion from the aspects of causality in medical malpractice crime, duty of careand the cognizance of medical negligence.The research methods of this article mainlyis the literature analysis method. About the question of medical negligence crime,Taiwanese and Japanese criminal law circles study the issue of medical negligencecrime is full, mature. Analysis by reading literature, the mainland has a scholarYang works of medical criminal law research, represented by each of the convenientin the medical negligence crime has carried on the detailed narration. The authorstherefore draw lessons from the domestic and foreign literature, the basic theory ofmedical negligence crime problems, to some basic principles in medical negligencecrime in the criminal law applicable are expounded. Aiming at this problem, theauthor through the detail in the body that epidemiology causality with medicalmalpractice cases are generally not have applicability.As a typical medical accident crime criminal negligence, the cognizance of medical negligence for conviction sentencing has the vital significance. Want to hada clear grasp, for medical negligence will fully analyze the thought of attention in themedical behavior, because the violation of the duty of care is the medical behavior.Duty of care, as an abstract concept of law in medical crime, the content of the needto have certain rules, in this way can the cognizance of appropriate medicalnegligence, not increase the burden of medical behavior person, hinder thedevelopment of medical technology. This article through to the duty of care of themedical behavior and the ability to pay attention to the analysis, analyzed the medicalbehavior in the most difficult to grasp the standard of medical negligence.Through the discussion of this paper, how to make organic combination ofmedical and law, and the health more effectively incorporated into the scope of thelegal adjustment to legal norms and promote better health, balance the interests of themedical behavior between person and person, to help the medical cause of the healthydevelopment of our country.