Research On The Criminal Illegal Exemption Reasons Of Medical Behavior

Medical behavior closely connected with people’s life and health. The purpose of medical behavior is to prevent diseases, promote health and prolong life. Because of the medical behavior characteristics, although medical behavior has certain invasiveness, but in a very long period of time,medical behavior was considered that had legitimacy. But as medical experiments exposure in the world war ii, and the ideology of human rights and national rights consciousness rising, people no longer believe that physicians will pursue the best interests of patients, so medical behavior legitimacy is being questioned. People claims itself is the main body of medical behavior, medical autonomy gradually become a basic right. Nowadays, medical practice in China, the increasingly tense relationship between doctor and patient, the medical behavior with a physician is full of all sorts of questions, even professional medical alarm derived a career with Chinese characteristics. So, in such a background, this paper argues the medical behavior of illegal deterrent has practical significance.This paper research and analysis the criminal illegal exemption reasons of medical behavior.First,this paper discuss the scope and nature of the medical behavior.On the base of defining the nature of medical behavior, evaluate the various criminal illegal exemption reasons and put forward its own views——informed consent. After the paper explain the specific requirements of the informed consent and it’s exceptions. In the end,the paper discusses how to convict the arbitrary medical behavior.This article is divided into four chapters.First chapter defines the concept and the scope of medical behavior,from the perspective of criminal law, and analyze the properties of medical behavior, finally indicat own view, medical behavior has the nature of damage.The second chapter discusses the various criminal illegal deterrent, including business behavior,the patient’s consent,the value of results and the value of behavior. Finally forming own view-informed consent.The third chapter expounds the specific requirements of informed consent, inclunded-the premise of subject, the premise of the way, the subject of the consent, form, and the exception of consent, based on the principle in order to complete discuss and limite the informed consent.The fourth chapter discusses whether the arbitrary medical behavior without patients agree should be investigated for criminal responsibility according to law, and combined with case analysis discusses the pursuit of arbitrary medical behavior problems that exist in the criminal liability in practice.