The Body Of The Theory Of Medical Accident Crime

The paper specifically analyzes the subject of Crime of Medical Accident from the theoretical and practical aspects and from outward appearance to inner essence, so as to help to solve legislative and judicial problems of the Crime of Medical Accident, distinguishing between crimes and non-crimes and between different crimes. This paper is divided into the following four parts:The first part is the case brief and analysis of Xu Feng’s medical malpractice, leading to the main research content of this paper.The second part concentrates on theoretical study on the subject of Crime of Medical Accident, including analysis of the substance of the subject, theory of unit crime and the general subject of crimes, so as to achieve a better identification of the subject of the crime in the criminal law sense.The third part combines typical cases of Crime of Medical Accident, bringing forward the contentious issues of the definition of the subject of the crime, to analyze currently different views on subject of Crime of Medical Accident:whether medical institutions can commit Crime of Medical Accident, whether interns can commit the crime, whether administrators of medical institutions can commit the crime, and whether their political cadres or logistical personnels can commit the crime. In order to solve these contentious questions, discussion of theory must serve the needs of practice,avoiding theories becoming meaningless.The last part is a combination of different views and social practices of determination of the subject of Crime of Medical Accident, bringing forward the judging standard of the crime, supplementary illustration of current defectiveness of the determination of the subject in China and specific advice about it. I hope the paper will make a difference in the determination of the subject of Crime of Medical Accident at the practical level in China.