Research On Criminal Reconciliation Of Medical Malpractice Crimes

In recent years,the medical malpractice cases in our country are significantly increasing,which is mainly reflected in three aspects in the real life,including frequent medical trouble events,tense relationship between doctor and patients and increasingly intensified doctor-patient conflicts.With the increasing number of medical malpractice cases,it has to be considered that whether the current settlement mechanism of such cases is no longer applicable to today's society.In fact,the current dispute resolution mechanism sometime only plays a negative role,that is to say,it may aggravate the conflicts between doctors and patients.In this case,finding a better way to handle medical accidents,such as the type of medical accident crime cases,is quite meaningful and important.In my opinion,the establishment of a new mechanism for dealing with medical accidents is one of the best effective methods to alleviate doctor-patient contradiction and solve medical disputes at this stage.Specifically,the crime of medical malpractice should be resolved by the way of criminal reconciliation,which can be seen as a new way to handle medical accidents.In this paper,by analyzing the composition of medical accident crime and relevant legal liability summary,the constitution of the criminal and civil liability of medical malpractice can be defined.It has essential practical significance for the alleviation of doctor-patient conflicts to make medical accident crime criminal reconciliation clear through the description of applying criminal reconciliation to medical accident crime.And the feasibility of medical accident crime criminal reconciliation should be analyzed based on the eligibility and rationality.Moreover,through analyzing how criminal reconciliation impacts the civil liability and criminal responsibility of medical accident crime,the reference model related to civil compensation standard for medical accident crime and criminal responsibility can be found.Generally,this paper will provide related suggestions to perfect the medical accident crime criminal reconciliation by discussing the difficult problems of medical accident criminal reconciliation and defining the criterion of medical accident crime according to the theoretical analysis of criminal reconciliation of medical accident crime.In addition to,some other important problems will also be studied in this paper,including the division of the liability for damage,the collection of evidence,the burden of proof and the problems existing in the judicial identification of the crime of medical malpractice.