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Research On The Legal Governance Of "medical Troubles"

Posted on:2019-10-29Degree:MasterType:Thesis
Country:ChinaCandidate:F L LiuFull Text:PDF
GTID:2436330590462585Subject:Law
Abstract/Summary:PDF Full Text Request
"Medical trouble" undermines the normal medical order,threatens the personal safety of medical personnel,and has severely cracked down on it from legislation to the judiciary.However,"medical trouble" has not disappeared,and the reasons are manifold.However,in recent years,the "medical troubles" have become more and more serious.Until the development of the "Criminal Law" is required to regul ate,such a result,both doctors and patients,the current medical management mechanism are hard to blame.In 2015,the Criminal Law Amendment(IX)was promulgated.In the past three years,many cases have been judged on the basis of this.However,"medical troubles" still have not decreased,and violent medical injuries are still common in various media.This shows that the Criminal Law Amendment(IX)did not really ful fill the expectations of the news media and the people at the time when the amendment was promulgated.It is inappropriate to put too much pressure on the fight a gainst "medical troubles" and maintain medical order.In combination with the current "medical trouble" situation,it is necessary to strengthen the professional ethics management of doctors and medical institutions through legislation,and at the same time introduce judicial interpretation and other laws and regulations and criminal law to establish a complete legal system to combat "medical troubles".In the process of judging,we must resolutely crack down on "medical troubles" while taking into account the modest and restrained nature of criminal law,and take the initiative to distinguish between "professional medical troubles" and patients' family members,reflecting the seriousness and rigor of the judiciary.In law enforcement,the people's courts are encouraged to intervene in medical disputes in advance through mediation,and to guide the family members of the patients with legal guidance.The first time to establish the authority of the law,to avoid the use of patients' families with ulterior motives,and to improve the efficiency of legal settlement of medical disputes.At present,one of the weaknesses of combating "medical troubles" is the inaction of some public security organs.There are not many cases in which medical disputes are not handled by public security.Therefore,from the perspective of legislation,this paper proposes to pass the "People's Police Law" on the police.In short,the fight against "medical troubles" is not a department,a law,and can be completed overnight."Medical troubles" itself will change with the changesin social life and national policies.At present,it is necessary to adopt legislation and medical policies.And the management of the judicial system and other aspects to cooperate,"the road is long and the road is long,I will go up and down."...
Keywords/Search Tags:transformation of offense, medical order, "medical trouble", absor ption of offense
PDF Full Text Request
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