The Research On The Subject Of Crime Of Medical Accident

The criminal law has limited the subject of crime of medical accident to medicalpersonnel. It looks very clear from the wording stipulation. But judging from the judicialpractice, the criminal law theory educational world has always had a fierce controversy inthe aspect of the subject of crime of medical accident, because the criminal law does notpoint out the scope of medical personnel clearly. The Processing Rule of Medical Accidenthas stipulated the medical institution for the subject of medical accident. Whether themedical institution must become the subject of crime of medical accident becomes an issue.The current medical-patient relations are increasingly intense. There are few medical crimecharges in the criminal law，crime of medical accident is one of them. The correct limits ofthe subject of this crime have important meaning regarding the solution medical servicedisputes. This paper carries on the discussion to the subject of crime of medical accidentfrom its legislative background and value orientation, in order to be beneficial to theoreticalstudy and judicial practice.This paper is divided into three parts besides of the introduction and the conclusion.The contents of various parts are as follows:Part one: The legislative background and value orientation of crime of medicalaccident. This part explores the legislative value orientation of crime of medical accidentthrough the introduction of the overview of legislation on crime of medical accident in ourcountry and the legislative case of this crime abroad.Part two: The analysis and scope limits of the subject of crime of medical accident.This part first analyzes the main elements of the subject of crime of medical accident, andthen carries on the limits to the scope of the subject of crime of medical accident inconjunction with the legislative value orientation of this crime. The conclusion is as follows:The medical personnel are the natural subjects of crime of medical accident which don’tinclude the Party politics and labor industrious personnel in medical institutions; Themedical interns can be processed according to the medical personnel under certainconditions; The doctors doing medical practice beyond the scope of registration can be thesubject of crime of medical accident only in conditions that comply with the laws andregulations. Part three: Medical institutions——the subject that the crime of medical accidentshould increase. This part proves the rationality of medical institutions being the subject ofcrime of medical accident both from the practical needs and theoretical basis. The acts ofomission of a medical institution such as the indifference to danger causing serious resultswill constitute the crime of medical accident, if the medical institution is subjectivelynegligent. The author recommends that medical institutions should be increased as thesubject of crime of medical accident in the Criminal Law.