Study On The Application Of The Principle Of Trust In The Crime Of Medical Accidents In China

The so-called principle of reliance refers to "the perpetrator relies on the victim or a third party to act appropriately when performing an act.When such reliance is reasonable,even if the victim or a third party commits an illegal act as a result of inappropriate behavior,The actor does not need to bear the responsibility for the fault.In the 1830 s,the principle of trust originated in Germany's jurisprudence of passing negligence,and gradually developed into a general principle that limits the scope of negligence crimes.It is an important doctrinal tool to limit the scope of negligence crimes.It has opened up new ideas for solving the responsibility of multiple subjects in the risk cause.In civil law countries and regions,the theory of criminal law has long established that the principle of trust can be applied to the medical field to reasonably limit the concept that medical personnel can establish negligent crimes,and many excellent jurisprudences have been produced for reference in judicial application.Looking at the current state of judicial trials of domestic medical environment and medical accident crimes,it is indeed necessary to apply the principle of trust in China.At present,China is advancing the implementation of the "Healthy China" strategy.Establishing and improving a graded diagnosis and treatment system is the key to the reform of the medical system.A comprehensive medical organization model with the characteristics of division of labor and collaboration will be gradually established.Multiple medical subjects will jointly complete a medical diagnosis and treatment.The situation of activities will be normalized.These national conditions are institutional guarantees that the principle of trust can be applied in the medical field in China.It should be noted that the introduction of the principle of reliance is applicable to the judicial determination of medical malpractice crimes in China.It is necessary to localize the principle in light of China's specific medical environment and the current state of judicial practice of medical malpractice crimes to help judicial personnel get out of the judicial trial of medical malpractice crimes.At the same time,it is necessary to look forward to the "water and soil" or "side effects" that may arise in the application of the crime of medical malpractice in our country,and it is necessary to make the corresponding system perfect,and finally realize the reasonable delineation of the scope of punishment for medical negligence crimes in China.