Research On The Criminal Responsibility Of Medical Institutions In Medical Crime

There is no accurate and clear definition of medical criminal law in China.On the basis of medical practice,medical crime should be in the nature of medical practice as the breakthrough point,a clear medical crime refers to the medical staff in the diagnosis and treatment for violating compulsory regulations,don't follow the diagnosis and treatment procedures,indirectly increased the risk of medical behavior and damage to the human body,causing illness or disability of patients death cause serious damage to the behavior of the consequences.China's criminal law article 30 of the unit crime made specific provisions of the constitution of crime,but based on the principle of a legally prescribed punishment for a specified requirement,must be in the specific provisions of criminal law definitely prescribes unit can be not convicted and punished for the unit crime subject.In judicial practice,there are many medical institutions that violate relevant laws and regulations,do not abide by the procedures of diagnosis and treatment,and are negligent in supervision and management,resulting in cases of disability or death of patients.And the current medical implicated has not stipulated the unit crime in our criminal law can become the subject of crime as a result,the behavior of the medical institutions to implement only when meet the requirements of medical crime constitution shall bear civil liability to pay compensation or accept the administrative punishment,cannot be shall be investigated for criminal responsibility,difficult to achieve fairness and justice,to protect the patient's life and health.Medical institutions in implementing medical crime has high concealment,wide range of hazards,the characteristics of diversification of means of crime,which has a great social harmfulness,so we really need additional medical institutions for medical treatment crime subject.Although the criminal law of China does not stipulate that medical institutions can become the subject of criminal law,it cannot exclude the possibility of medical institutions implementing medical crime.At the same time,it also indirectly reflects the characteristics of legal lag,and needs to be perfected.When the medical institution implements the crime,it can satisfy the subjective and objective elements of medical crime,so it can become the main body of medical crime.The criminal responsibility of medical institutions in the crime of medical malpractice is mainly to neglect the supervision and management,not to set up a complete medical system,and to cause serious injury and death of the patients.The criminal responsibility in the crime of illegal medical practice can be summarized as providing medical services to patients without the qualification of medical activities.The criminal responsibility of the medical institution in organ transplant crime is the illegal organ transplant operation.By continental law system and Anglo-American law system countries and unit crime comparative analysis about the medical crime,crime on medical institutions,medical situation,our country should additional medical institutions for medical treatment crime subject,clear and improve the fine punishment amount,expand the qualification punishment scope,build unit of probation system,in order to solve the problem of unable to punish medical institutions implementing medical crime.