The Exclusion Mechanism Of Medical Malpractice Criminal Liability

The question that the recognition mechanism for medical malpractice liability exclusion is centered around the discussion of doctors in medical practice activities,because of the gross negligence that brings patients with health or physical adverse consequences,so whether they should be held accountable for serious negligence in the criminal law of medical personnel.With the development of the information age,the way and channels for people to obtain medical information and medical knowledge have become more convenient,faster,and more efficient,making the dependence on medical personnel of patients in the inherent doctor-patient relationship greatly reduced.Correspondingly,as consumer's awareness of the rights of the individual and the expectation of satisfaction with medical services has increased significantly.In practice,medical personnel often accelerate the escalation of contradictions between doctors and patients due to poor attitudes,irresponsible treatment,and unreasonable fees.Most of the current medical disputes in China(Mainland)are resolved through administrative and civil means.How to better play the role of criminal law in the determination of major negligence in medical treatment to better mediate social disputes and ensure the benefits of social law has always been the focus of the criminal law session.The discussion on how to accurately determine the major malpractice liability of medical treatment and under what circumstances can eliminate the major cases of malpractice of medical malpractice.The criminal law session has been fiercely carried out from three aspects: the fulfillment of the duty of care,the fulfillment of the obligation to inform and the applicability of the principle of trust.What is the different from previous studies is that this paper will discuss the historical evolution of medical malpractice responsibilities and summarize the overseas and Taiwanese laws and regulations concerning the responsibility for major malpractices in medical care.We will discuss further the three issues that have attracted the attention of the academic community.In order to provide a theoretical basis on how to further improve the China's(Mainland)criminal law on the medical malpractice liability recognition and exclusion mechanism.The author mainly analyzes the scope of responsibility for major negligence in criminal medical care based on theoretical explanations,Chinese and foreign comparisons,ancient and modern combing,and literature reading methods,and provides the basis for the theoretical application of criminal law.Through the combing of the development of major negligence in ancient and modern medical responsibility and the provisions of the founding law of German,Japanese,Anglo-American and English-American legal systems and Taiwan's current medical gross negligence liability,we will discuss how our country(mainland)will improve its legislation on major malpractices for medical negligence in the future.In the context of stabilizing social order,mediating good doctor-patient relationships,safeguarding the benefits of social law,and the role of medical personnel in fulfilling their duty to care and informing,how should more reasonable and complete protection be provided for both doctors and patients right.In addition,this article also focuses on how to use the trust relationship between doctors and patients and medical inter-departmental cooperation when jointly cooperating to medical diagnosis and treatment.How can it be better used to exempt medical staff from gross negligence in medical treatment?The research methods used in this dissertation mainly include literature research methods,comparative research methods,and theoretical research methods.Specifically speaking,firstly,through searching and reading a large amount of literature,we must systematically review the current mainstream views and doctrines on major negligence in medical treatment,and then summarize the main point of view doctrine;and then use the country or the legal system as a unit for different countries.a comparative study between law systems to find out the focus on hot spots of the current controversy;then,combining current mainstream doctrines of different countries,analyze and summarize the theoretical meanings of various academic viewpoints and the possibility of combining them with reality,with a view of our country(continent).The identification of medical responsibility for gross negligence finds better indicative significance.The innovation of this paper lies on combing multi-dimensional timelines and spatial lines,reviewing and prospecting the historical evolution and frontier development of medical malpractice liability recognition.At the same time,this article focuses on three major issues affecting the determination of major negligence in medical treatment.The two sides carried out profound and comprehensive developments respectively,and finally put forward to more scientific proposals in light of China's special national conditions.