The Difference Between Medical Accident And Medical Accident Crime

Medical accident is increasing in the world with the rapid development of socialdivision and medical technology.Nowadays,the physician-patient relations is sonervous that homicide cases,group petition and medical trouble is happeningfrequently.And the occupation of the doctor has become dangerously.The coremission of the legal workers is to balance the physician-patient relations,to adjust theright claim and to clarify the distributions of the responsibility in the dangeroussociety.The legislation of the medical treatment appears in the tort liability law andcriminal law.As a result,the most important mission of the legal workers is to differthe medical accident and the medical accident crime.And there are several cross areasbetween medical accident the medical accident crime,which differs from thetraditional method.That’s why it is difficult to do the distinguish.The scholars incriminal area suggest to use the harmful consequence to do the distinguish,whoignore the cross areas.In other words,there is no use differing the medical accidentand medical accident crime in the harmful consequence.For this reason,the authorchose the level of first-class medical accidents as the object of study and tried toachieve the identification standard.The author tried to use the causality to distinguishthe medical accident and the medical accident crime.And the reason can besummarized from two sides.First,using the mens rea to to the distinguish is difficult injuridical practice.Second,the actor reas and the subject of the crime is totally same inmedical accident and medical accident crime.In this thesis,I consider that the real distinction between medical accident andmedical accident crime is not only the result of death or damage to human healthseriously but also the legal nature of the result.The legal nature of the result dependson the judgment of causality.As the causal relationship is an inportant factor indetermining the behavior and results,only the substantive behavior can be selected asthe causality of criminal law.The results caused by substantial reason can be selectedthe results of criminal law. The innovation of the thesis is that the author broke the traditional standard andexplored a new angle to differ the medical accident and medical accident crime.Theprocess of the writing makes the author confused and hesitated because the difficulttopic.Hoping that we all have the harvest and waiting for the guidance.