On The "serious Irresponsibility" Of The Crime Of Medical Malpractice

China's 1997 Criminal Code provides for the crime of medical malpractice.The purpose of establishing this crime is to maintain the medical order and balance the rights and risks of the doctors and patients.However,in the judicial practice,there are many disputes over the determination of the crime of medical malpractice.The main reason is that the standard of "serious irresponsibility" in medical malpractice crime is vague and abstract.This paper analyzes "seriously irresponsible" in the crime of medical malpractice and discuss the defects,specific status and nature of "serious irresponsibility" in legislation.Analyze the"seriously irresponsible" specific criteria.Hoping this paper can clarify the relevant compositional criteria for the "seriously irresponsible" condition in the crime of medical malpractice.Provide assistance for the use of medical malpractice in judicial practice.This paper consists of the following four parts:The first part:introduce the case of a medical accident case.The focus of the analysis of the dispute case is that the ambiguous recognition criteria of "seriously irresponsible" lead to controversy over the determination of the crime of medical malpractice.The second part:This section introduces the basic situation of "seriously irresponsible" in China's relevant laws,regulations and rules and regulations.According to the "severe irresponsibility" related legislation,a summary analysis of its deficiencies in the legislation is unclear in nature and status and the lack of operability of specific provisions.The third part:Analyze the "seriously irresponsible" system and status.Introduce the meaning of "seriously irresponsible".Comparing the crimes with "seriously irresponsible" in the provisions of the criminal law,it is deduced that this type of crime is a crime of negligence.The main body of this type of crime is a person with a specific position."Serious irresponsibility" is inseparable from the content of work.Because of the particularity of medical behavior,we need to be more strict and prudent in cognizance of "serious irresponsibility" in medical malpractice crime.The discussion of the status of"serious irresponsibility" is the unification of subjective and objective elements.The fourth part:This section introduces the principle of recognition of "serious irresponsibility".This part first introduces the "serious irresponsibility" of the crime of medical negligence,which should be identified according to the principle of limiting interpretation and balancing the relationship between doctors and patients.Then it introduced and discussed the basis for the identification of "seriously irresponsible" objective behaviors.The analysis of the standard of "serious irresponsibility" is serious violation of the relevant laws and serious damage consequences.Using the principles enumerated before,we discuss the identification of "serious irresponsibility" as act and abstain from an act.Finally,we discuss the identification of the subjective elements of "serious irresponsibility".And demonstrate that the general medical negligence does not constitute a crime of medical negligence."Seriously irresponsible" is subjectively grossly negligent.The standard of medical negligence is the duty of care and the attention ability of medical staff.The basic types of medical negligence are careless negligence and negligence with undue assumption.Analyze how the two kinds of faults behave in serious irresponsibility.