The Criminal Evaluation Of Medical Treatment

In traditional patriarchal doctor-patient relationship, as a medical technology holders, the doctor has the right to decide the way of medical patients,patients are in the passive surface, reflected in the legal field is that the medical treatments for the benefits of patients are naturally legitimate. With the rise of the right of self-determination, affirmative doctrine of doctor-patient relationship gradually replace the patriarchy, the patient began to master their own discretion. In the medical activity gradually in the process of commercialization, marketization, "explosive" disputes in medical disputes.In our country many medical disputes caused by patients’ consent to medical disputes is not in the minority, whether the protection of patient’s right of consent can be effectively implemented and the influence in the criminal law arouses people’s thinking, this paper from the perspective of patient’s consent to medical treatment of the criminal law evolution.The article is divided into three chapters.The first chapter defines the concept and characteristics of medical treatment, through the analysis of Japan, the Taiwan region and the mainland on the various medical treatment concept theory, this article studies the medical scope limited to the medical treatment that aimed to change, restore the body and function, then discuss the characteristics of medical treatment and the importance of the criminal law evaluation, medical development and the protection of the patient’s rights need the criminal law to intervene.The second chapter discusses the position of patient’s consent in medical treatment, first through the analysis of medical treatment nature, theories of legitimation, think that patient’s consent is one of the medical treatment legitimation of elements, then discusses the related development, laws and the specific connotation of patient’s consent, finally discusses the criminal law effect of patient’s consent, analysis of patient’s consent agree to contact with the consent of victim, analyzes different views and patient’s agreed to in the field of medical related effects of the crime.The third chapter expounds the patient’s consent agree to specific evaluation in the field of the medical treatment, the medical treatments that only have the consent of patients cannot be excluded from crime, when the medical treatments lack of patient’s consent, we should analyze the specific circumstances of the case, when caused by patient’s consent that doctors did not do their own objective duty of care to produce serious consequences, the physician has the potential to bear criminal responsibility, in practice, in the order to maintain the public interest, the compulsory medical treatment without patient’s consent, patients with emergency medical situation cannot be agree, physicians on the implementation of the medical behavior on the basis of presumption commitment to rule out crime.