The Boundary Of Criminal Law Regulation Of Unauthorized Medical Treatment

Today,patients' rights and interests are being paid more attention and protection.In form,unauthorized medical treatment is a violation of the principle of informed-consent,and in essence,it is an infringement of the patient's right to self-decision,and even results in the patient's right to body health.Even the damage to the right to life.In the field of administrative law and civil law,the law of our country only prescribes the act of infringing upon patients' right of decision,and in judicial practice,most of the unauthorized medical acts are treated as general civil torts,and there is very little criminal law intervention.Obviously,this deviates from the "patient-centered" doctor-patient relationship model,which emphasizes too much on the discretion of the doctor and is not conducive to the protection of the patient.Personal interests.Whether from the angle of modesty of criminal law,the level of medical law benefit protection,or the analysis of social harmfulness degree of unauthorized medical treatment,the necessity and feasibility of criminal imputation exist in unauthorized medical treatment.And shall be punished in accordance with the crime of intentional injury.In this paper,there are more than 50,000 words,mainly from four parts for unauthorized medical treatment delimited the boundary of criminal imputation,as follows:The first chapter is to define the object of this study and determine the scope of the study.It is divided into three parts: the first part generalizes the connotation and nature of medical behavior,the second part defines unauthorized medical treatment,at the same time,classifies the specific type of unauthorized medical treatment.The third part introduces the treatment of unauthorized medical treatment in other countries and regions.The second chapter mainly discusses the current situation of treatment of unauthorized medical treatment in China.It is divided into three parts.The first part mainly introduces the representative cases involving unauthorized medical treatment and expounds the judicial principle of dealing with unauthorized medical treatment in judicial practice.The second part mainly introduces the different viewpoints of the criminal law theorists on the nature of unauthorized medical treatment;the third part points out the key points to solve the unauthorized medical treatment and leads to their own views on the nature of unauthorized medical treatment.The third chapter mainly demonstrates whether unauthorized medical treatment should be included in criminal law regulation.The first part demonstrates the necessity of criminalimputation of unauthorized medical treatment from the aspects of medical law benefit protection,social harmfulness and self-decision protection.The second part demonstrates the feasibility of criminal imputation of unauthorized medical treatment from three dimensions of criminal law modesty,patient benefit and medical safety.The fourth chapter mainly discusses the criminal liability determination of unauthorized medical treatment.It is divided into three parts.The first part points out two basic principles that should be followed in criminal imputation of unauthorized medical treatment.The second part discusses the criminal responsibility of unauthorized medical treatment in the criminal law field of our country,and analyzes the criminal responsibility of the specific type of unauthorized medical treatment.The third part expounds how to restrain the criminal imputation of unauthorized medical treatment from the two dimensions of patients' presumptive consent and proviso application.