| In recent years,the medical profession in China has gradually developed into multiple branches.The old structure of one fold medical treatment and institution with insufficient medical staff now has bloomed and developed into the form of group medical treatment with precise division of work.While at the same time,the complex affirmation of medical negligence turns to be more complicated.All these lead to unequal allocation of legal liability.The paper aims at precisely dividing the medical work in group medical treatment and discussing how the work division method influences the allocation of liability of criminal negligence.The paper contains 5 parts:Part I talks about the definition and accountability foundation of medical treatment in criminal law.The criminal law should regulate medical treatment while pay attention to its restraining nature.Party II talks about the development of group medical treatment and its main work division methods.Also,it divides the work into 6 forms based on the process,leadership and work type,which provides a platform for further discussion.Party III talks about how the new negligence theory is suitable for group medical treatment and is in the opinion that only objective duty of care may exist in medical treatment negligence.Duty of care in group medical treatment divides into individual duty of care and common duty of care.Having the same business and action should compose of common duty of care.Party IV talks about supervisory negligence and principle of trust in group medical treatment.Supervisory negligence is divided into leadership negligence,appointment negligence and guiding negligence,and its extent may be changed due to different cooperation,dangerous level and work type.Party V talks about expounds the negligence liability caused from different work type.By combining the above liability fixation methods,it separately talks about horizontal and independent form,horizontal leadership form,vertical independent form and vertical leadership form. |
PDF Full Text Request