On The Crime Constitution And Conviction For Crime Of Medical Accident

In recent years,due to the drop of the mutual trust between doctors and patients,the patient's right-protection awareness has been awakened.Medical disputes have been increasing gradually.Even the previously little-known "Crime of Medical Accident" has been mentioned repeatedly by the media.While the frequently-occurred medical incidents haven't gone far,the controversial cases of "Crime of Medical Accident" come one after another.This does shock the medical community.As prescribed in article three hundred and thirty-five of the criminal law of our country,any medical worker who leads to the patient's death or serious health problems because of seriously irresponsible medical behavior shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.The introduction of Crime of Medical Accident to the Criminal Law in 1997 can not only protect the rights of the patients effectively,but also work out the unjust phenomenon when penalizing those who are responsible for the critical medical negligence.However,there still exist a lot of controversy on the identification and penalty of Crime of Medical Accident in both theory circle and practice circle.Moreover,patients and doctors also have different ideas.Precisely because of the reasons stated above,the author chose Crime of Medical Accident as a topic of master's thesis.The paper mainly explains constituent elements of crime and the relationships between the constituent elements.The last part focuses on the establishment of Crime of Medical Accident and distinction between Crime of Medical Accident and some similar crimes.