The Non-criminalization Basis And The Position In Criminal Theory System Of Medical Treatment

The medical criminal law is the concern problem in the new century,the urgency of the real demand is to give birth to the author's thinking on the problem.The non-criminalization basis is one of the most basic propositions of modern medical criminal law,and make sure its position in criminal theory system is the inevitable requirement of fine criminal law.Therefore,the core of this paper is to clarify the non-criminalization of medical treatment,and to explore the position in criminal theory system of proper medical treatment.The paper is divided into five parts.The first part discusses the concept of medical treatment.Analysing Chinese meaning,legal definition,Taiwan's and Japan's definition of the theory of,combined with the scope of this article,the medical treatment is defined as to improve health and cure diseases,medical recognition method is used,with a nature of invasion behavior.At the same time,it is clear that medical behavior is characterized by uncertainty,professionalism and ethics.The second part is the systematic review and criticism of the non-criminalization basis of medical treatment.The discuss has two mian line,centered with patient and center with act,dividing into three parts which is the theory of injury,the theory of non-injury,the theory of patient.In the part of theory of injury,we criticize the theories of due professional conduct,necessity,superior orders and the traffic rights.In the part of theory of non-injury,we criticize the theories of lacking intent,lacking type,social correspondence,legally relevant danger.In the part of theory of patient center,we analyse and criticize the principle of informed consent and consent.The third part firstly analyzes the ethical basis of medical treatment,and concludes that the current model of doctor-patient relationship is mainly deliberative mode and interpretation mode.According to the current doctor-patient relationship in the second part we have discussed,we conclude the necessity of summarizing the non-criminalization basis.We conclude the justification medical treatment isn't an individual defence and should be sure by the balance of the theory centered with act and the theory center with patient.The fourth part,based on the discussion of the first three parts,determines the set of the rules of justification medical treatment.The non-criminalization basis of normal medical treatment is informed consent and consent,while causing death t is legally risk.The non-criminalization basis of Emergency medical treatment is presumed consent while causing death t is legally risk.The non-criminalization basis of compulsory medical treatment.Five rules in all.The fifth part discuss the position in criminal theory system by combing the problem of the discuss of the medical treatment position from a century ago lane court dispute to today's system.We also analyse the origin,evolution and development,and explain the differences between different positioning by contrast differences of tatbestand.According to the current Chinese tatbestand evaluation concluded the theory of injury,arguing that the position of justification medical treatment has no individual and unify position in criminal theory syetem,is determined by different basis.