The Criminal Regulation Of The Arbitrary Medical Treatment

Arbitrary medical behavior refers to the medical practice that doctors do not receive informed consent from patients.The generalized arbitrary medical behavior includes the arbitrary medical behavior,such as compulsory medical treatment and emergency medical treatment,and typical arbitrary medical behavior,and the special medical behavior in the narrow sense,that is,the typical arbitrary medical behavior,refers to the possibility of obtaining the patient's informed consent right and obtaining the patient's right to know the right to know.Teachers are reluctant to perform medical duties unlawfully or in violation of the wishes of patients,including invalid consent and presumed consent.The arbitrary medical behavior discussed in this article is a narrow sense of arbitrary medical behavior.The conclusion of this paper is that the arbitrary medical treatment that causes serious injuries and death consequences to patients can be held criminally responsible.The arbitrary medical behavior lacks the commitment of the patient,is not allowed to be permissible,and conforms to the essence of the crime,and its criminal law regulation also conforms to the current social needs,and makes up for the defects of the tort protection.The arbitrary medical behavior which is included in the category of criminal law should meet the corresponding unlawful elements and the elements of responsibility.At the same time,we should adhere to the modesty of the criminal law and adhere to the principle of reasonable restriction on the right of informed consent of the patients.For those arbitrary medical acts that cause serious injuries and death consequences to patients,they can be found guilty of serious injury,death or medical malpractice.The article includes the following five parts:Chapter?: Through the introduction of the concept and nature of medical behavior,focuses on the right of informed consent of the patient,in order to define the connotation of the arbitrary medical behavior,and to restrict the extension of the special medical behavior by the comparison between the arbitrary medical behavior and the compulsory medical behavior,the emergency medical behavior and the excessive medical behavior.Chapter?: From the perspective of legislation and case theory,the criminal regulation system of the arbitrarily medical treatment conducts extraterritorial investigations from Germany,Japan,the United States,and China's Taiwan region,and draws on extraterritorial experience to provide a new perspective for China's research.Chapter?: Through the analysis of the status quo of the criminal regulatory system of China's arbitrary medical treatment behavior,the current development of the medical industry and the limitations of the civil legal regulation of the medical treatment of arbitrary acts,etc.,have laid a realistic basis for the criminal regulation system of the arbitrarily medical treatment behavior.The permissible risks and their criminal violations lay a theoretical foundation for the criminal regulation system that dictates medical behavior.Chapter?: The arbitrarily medical behaviors included in the scope of the criminal regulation system should be in line with invasive medical behaviors,serious physical harm consequences,and a causal relationship between the two and other objective elements.The subjective requirements should be that the physician has not fully paid attention to the facts.Obligations and mixed faults with other medical errors.Chapter?: The criminal law system for arbitrary medical behavior should adhere to the principle of modesty of criminal law,and establish a reasonable mechanism for conviction in the existing criminal law system.