Research On Justifiable Cause Of Crime Of Medical Accident

Medical problem is the basic problem of our society.It influences the harmonious development of our country and economic society. So we should pay more attention to the medical dispute.Along with the development of social reform and science in recent years,the number of medical dispute wich had bad effect on both people and society increases explosively.Our Criminal Law confirmed Crime of Medical Accident in1997for the first time. There are lots of problems of medical malpractice cases in juridical practice.They mainly reflected in the following several aspects:the rules about Crime of Medical Accident in our Criminal Law and the Judicial Explanation are both too simple;China’s criminal law scholars had not yet have a deep research on Crime of Medical AccidentThose lead to the fact that we lack a uniform and detailed standard.The judge often puzzled in the application of law which leads to the different results of trials.For this question,the writer introduce the general situation of Crime of Medical Accident and define the ranges of constitutive requirements exactly in the first part.The second part introduces the concept of justifiable cause and several common kinds of justifiable cause.The third part discuss the necessity of defining the justifiable cause of Crime of Medical Accident exactly on the basis of theories and facts.The fourth part mainly puts forward the writer’s own suggestions.It emphasizes the importance of defining the justifiable cause of Crime of Medical Accident.Our country should make a comprehensive and uniform legal regulation of justifiable cause of Crime of Medical Accident.We should also distinguish the medical accident and Crime of Medical Accident exactly. Thus we can define Crime of Medical Accident exactly、punish the crime、protect the rights of patients and doctors、encourage doctors to try more exploration and promote the progressive of medical science.