The Application Of Objective Imputation Theory In The Identification Of Medical Malpractice Crimes

How to better identify medical accident crime has been a difficult problem in judicial practice. Chinese scholars have regard the duty of care as the main content of the crime medical accident crime for a long time. Although The duty of care can solve some basic problems of negligent crime, but it don’t have a clear definition and judging standards, it cannot solve the problem of identification of the medical accident crime well as the medical accident crime is a special criminal negligence.Compared to the duty of care, the objective imputation theory come from Germany and has a complete responsibility judgment system, it judge the responsibility by evaluate the illegal act, the harmful consequence and the relation between them which is more clear and feasible than the duty of care. Not only include some of the best content of the duty of care, such as the principle of trust, also overcomes the shortcomings of the duty of care. In practice,using the imputation system of the objective imputation theory to judge the act of perpetrating of the medical accident crime, can make the judicial identification of the medical accident crime become more scientific and reasonable.