Determination Of The Crime Of Malpractice

This master's thesis focuses on the sins of judicial malpractice and problems identified in Confirming for the problem I study in the system based on the reference extraterritorial given more comprehensive recommendations.Excluding the introduction, this master's thesis there are four main sections.The first chapter describes the connotation of the crime of medical malpractice,medical malpractice and medical malpractice explains the crime. Malpractice elaborate theory for understanding the Crime has very important significance.The second part describes the current situation and defects of medical malpractice crime Judicial Determination. The Crime Situation Malpractice mainly from the practice in the subject seriously irresponsible, harmful consequences and Causation discuss these four aspects. Judicial body mainly elaborated on the scope of the medical staff and medical staff of three views of Identification. Malpractice sin "serious irresponsible" identified mainly discussed the "gross neglect" is equivalent to a serious violation of "serious violations of clinics, nursing routine, the system." The main focus on the harmful consequences of "serious damage to health of patients" in this regard, the main argument about judicial practice "medical standards" and "criminal law standards," the two views, in order to maintain the consistency of the criminal justice system, I think we should adopt "Criminal Law standard".Causation judicial judicial practice is used mainly "quite causality" This I have already done the theory set forth in the first part. Status of medical malpractice through judicial determination of the crime, the author presents current Confirming two flaws that is "serious irresponsible" dilemma identified defects and medical evaluation of the current situation.The third part: "Stones from other hills may serve to polish jade" corresponding to the second part of the judicial practice identified deficiencies, and related systems outside of the two legal investigation. Thus learn from foreign scientific recognition system.The fourthpart reference related extraterritorial recognition system, the current medical malpractice crime judicial determination of the existence of the defect to perfect. Criminal medical identification system, recommended the establishment of two systems, in the framework of the provincial Medical Malpractice Medical Committee evaluation committee set up under the Criminal; breach of duty of care on the medical staff of the standards, the paper advocates absorb "the medical standards",that at the time of the medical to determine the level of duty of care standards.