Study On Prevention And Control Of Medical Criminal Legal Risk In Hospice

Hospice care,also known as peaceful care,is an emerging medical care model.The target group is mainly end-stage patients,who take care of and mentor them from the physical and psychological level.The concept is no longer to extend the patient's life,but to reduce the patient's pain as much as possible and make it complete the last life journey.Compared with euthanasia,the nursing mode of hospice care is undoubtedly more relaxed and more acceptable.At present,hospice care is showing rapid development throughout the world,but China's relevant legislation is still in a state of absence.The relevant documents that have been issued are relatively general,and they do not really regulate the operation of the system from a systematic perspective.And there are few typical cases in judicial practice.Therefore,it is necessary to formulate practical specific rules and expand typical cases to provide basis or reference for the settlement of relevant legal disputes.The service of hospice care is not mandatory and requires the right holder to choose.In essence,this will involve the choice of the right to life.Leaving aside the question of quality of life,the medical means and measures for hospice care to remove active treatment are suspected of giving up life,which is similar to euthanasia to some extent,but considers the medical level,moral system and other factors,hospice care Euthanasia is more suitable for China's national conditions.On the other hand,because of the uniqueness of its clients,it may show the particularity of criminal law issues in the choice of hospice care.It is necessary to clarify the different roles of patients,family members and their medical staff in the choice of hospice and even the right to life Play the role and prevent the corresponding legal risksOnce hospice care is carried out,the professional skills of caregivers will largely determine the quality and level of hospice care.China's criminal law has established the crime of illegal medical practice to address the issues related to medical qualifications.It is forbidden for people without relevant qualifications and abilities to engage in medical activities.However,there are various theoretical theories on how to determine whether the subject of the action belongs to the"medical personnel”in the scope of criminal law.In comparison,"documentary theory" is more reasonable.At the same time,it is necessary to clarify and define the medical behavior of the perpetrator in practice,and analyze the prescription behavior of controlled analgesics and other controlled drugs in the care of patients in hospice,and discuss whether the perpetrator has such qualifications and corresponding Criminal legal risk.And the service mode of hospice care determines that most medical staff are nursing staff.In recent years,the domestic medical community's calls for nurses to give prescription rights have been increasing day by day.Although nurses have not yet been included in the main category of legal medical practice,giving nurses prescription rights is of great significance for the development of hospice care.Safeguard and develop the prescription right of nurses.In addition,the criminal law issues that may be involved in the process of hospice care have their own characteristics,among which the crime of medical malpractice is a typical crime.On the one hand,in view of the complex and diverse medical care methods and means,we need to identify and identify the charges involved in hospice care services,and clarify the boundary between criminal and non criminal issues.On the other hand,the sentencing characteristics of the crime of medical accident in practice are small legal sentencing range,low upper limit and less types of legal punishment.It is necessary to analyze the rationality and limitations of the current legal sentencing characteristics and explore its deep-seated reasons.At the same time,it is suggested that the legal maximum punishment of medical accident crime,a business negligence crime,should be appropriately improved to enhance the flexibility of the application of punishment,and combined with the particularity of hospice care mode,it is proposed to add fine punishment and other measures to enrich the types of legal punishment.