On The Legitimate Basis Of Medical Behavior And Its Development

In theory,the nature of the behavior of the medical behavior exists the difference of medical injury,non injury and the intermediate theory.The theory of medical behavior harm is more appropriate.The justification of medical behavior is the main position in the research of medical criminal law,and it must satisfy the three elements of medical adaptability,medical practice and patient consent.Informed consent principle has two levels of meaning,namely,"the doctor's instructions" and "the patient's consent".Effective patient consent must be made by the patient(or agent)with the ability to judge and make a commitment to the outside world prior to the implementation of the medical practice.There are exceptions to this agreement,including minor medical invasion,compulsory medical care and emergency medical care.The minor medical invasion does not need the criminal law to regulate,the compulsory medical treatment is justified according to the public interest,the emergency medical treatment behavior may prevent the illegal act according to the emergency hedge theory.Arbitrary medical treatment mainly includes three cases,medical treatment clearly beyond the scope of patient's consent,medical behavior with no patient's consent and medical behavior completely contrary to the meaning of patients.The nature of lack of consent of the patient's medical behavior is mainly manifested in civil tort,injury,coercive crime or the provisions of special charges.From the point of view of China's criminal law,arbitrary medical behavior injures the normal physiological function of patients,resulting in serious consequences,there is room for investigating the crime of intentional injury.