Medical Malpractice Crime Research

In recent years, the economy of our society has achieved a rapid development, andthe leaving level of our people has achieved continuous improvement. During this time,the medical and health work has also achieved a great development which hassignificantly improved people’s health. Meanwhile, due to the inevitability of medicalerrors, causing many medical disputes, conflicts between the patients and the medicalinstitutions are gradually upgrading. If such medical disputes cannot be properlyresolved, they will seriously affect the establishment of normal relations betweendoctors and patients. Then the individual rights of patients and the legitimate rights ofmedical staff also cannot be effectively protected. Although our Criminal Law in1997has defined a medical crime, the effect of applying such a crime in the judicial practiceis still not ideal. There are still a lot of controversial issues about this crime. Here, bycomparing and summarizing the fundamental crime, the author has provides somepersonal insight about some of the most important controversial issues.