On The Determination Of Negligence In The Crime Of Medical Malpractice

With the continuous development of the medical field,medical behavior is gradually transformed into a team model,which makes doctor-patient disputes increasingly complicated.The criminal law of our country clearly stipulates the crime of medical malpractice,which effectively protects the rights and interests of patients,and also solves the chaotic situation of distinguishing and punishing persons with major medical malpractice.However,there are still many theories and practices in determining this crime.Controversy.The main reason is that the traditional theories in my country’s criminal law used in the determination of the crime of medical malpractice have no more accurate pertinence,and the method is not practical and difficult to use,and it is impossible to determine the complex medical behaviors in specific cases.In medical activities,medical behaviors have inevitable risks.The occurrence of a medical accident is caused by many factors.If the responsibility is to be attributed to the medical staff,it is necessary to determine whether the perpetrator is at fault.As a special criminal subject,the medical staff’s ability and duty of care are often higher than that of ordinary people in society.According to the constitutional elements of the crime,it can be known that if the perpetrator has serious irresponsible behavior and thus causes a medical accident With this harmful consequence,it can be determined that the perpetrator constituted a crime.Therefore,how to determine whether the perpetrator is at fault in judicial practice is the key to judging whether it constitutes a crime.This can not only resolve the current theoretical disputes,but also more fairly resolve the contradiction between doctors and patients.This article discusses with the topic of "Research on the Negligence Determination of the Crime of Medical Malpractice",which mainly elaborates the general situation of the determination of negligence in the crime of medical malpractice,the status quo of judicial practice,existing theoretical problems and suggestions for improvement.Through the research of the theory,this article puts forward the problem of how to more clearly identify the negligence in medical behavior,which is mainly divided into five parts.The first part is to introduce the source of the paper’s topic selection,as well as the research purpose and significance,and compare the research status of domestic and foreign medical malpractice crimes,and briefly introduce the main research methods in the writing process and the innovations in the article.The second part is mainly to analyze the concept of negligence in the crime of medical malpractice,pave the way for the problems in medical negligence presented below,and analyze the difference between negligence in medical behavior and negligence in ordinary crimes.The third part summarizes and analyzes the existing theories of negligence in medical behavior,and analyzes the limitation of negligence liability from the perspective of objective liability theory,the revised scope of negligence by the old negligence theory,and the determination of negligence by the new negligence theory.Refinement of standards.And put forward his own point of view.The fourth part starts with judicial practice cases,introduces the status quo in judicial practice of the crime of medical malpractice and analyzes the identification problems existing in it.The fifth part is the corresponding improvement suggestions for the problems in the identification of medical negligence put forward in the fourth part of the article.Finally,the theme of the article is sublimated and summarized.