Study On Difficult Problems Of Medical Malpractice Crime

At present,the doctor-patient contradiction is prominent,and the doctor-patient dispute,including the incident of injuring the doctor,occurs from time to time.In this article,through comparative analysis of the basic theory and research status of medical malpractice crime at home and abroad,on the basis of analyzing the constitutive elements of medical malpractice crime,focus on patient consent,and the relationship between medical staff discretion,many contributory negligence caused the same real harm results such as difficult problem,at the same time points out that the crime of medical accident and major liability accident,the difference between the crime of illegal medical practice.At last,based on the above theoretical and practical analysis,relevant suggestions are put forward,hoping to reduce the frequency of medical accidents and reduce the contradictions between doctors and patients.With citations,there are five chapters in this paper,which are written according to the overview of charges,theoretical analysis,practical identification and conclusion.The chapter one is the overall presentation of the crime of medical accident.It mainly describes its concept and defines its legal definition.On the basis of combing the history of criminal legislation in China,this paper expounds the legislative evolution of criminal medical malpractice in representative countries in Civil law system and Common law system and China,meanwhile,makes a comparative evaluation of the legislative situation at home and abroad.Combined with 153 practical cases,the application status of the crime of medical malpractice in China is summarized.Chapter two is the constitutive component research of the crime of medical malpractice through the four elements theory.In terms of the object,sort out the controversial points in the academic circle and clarify the object of medical malpractice crime infringement;In objective aspect,it mainly defines medical behavior,analyzes harmful behavior,identifies "serious irresponsibility",carding causal relationship theory,and analyzes the causal relationship in the crime of medical malpractice by referring to the participation of damage.In the subjective aspect,the theory of negligence and the author’s point of view are expounded.The main part involves the qualification of medical personnel and the responsibility of medical interns.The third chapter researches the practice determination of the crime of medical malpractice,which is also the key chapter of this article.This chapter discusses the crime of medical malpractice and non-crime,this crime and other crime,at the same time,puts forward relevant suggestions in light of the applicable status.First of all,the paper will analyze the distinction between medical malpractice and tort,clear medical accident crime and common medical negligence crime and is not a crime,distinguish between incident and responsibility of medical treatment,combined with the typical practical cases at the same time,the consent of the patients with illegal deterrent effect,many contributory negligence caused the same real results for analysis.In medical accident crime and other crime,the paper will make clear the boundary between crime of medical malpractice and crime of illegal practice of medicine,such as medical personnel behavior qualitative range of registered medical activities,behavior person has already got the doctor qualification but his inaugural medical institutions have not yet received professional administrative licensing,during this period of medical treatment activity behavior qualitative.In addition,this chapter also analyzes and distinguishes the crime of medical malpractice and the crime of serious liability accident.Chapter four is the conclusion.The article will sort out the overall context of the full text,and summarize and improve suggestions on legislation and medical practice supervision.In terms of legislation,suggestions are made from four aspects: adjusting the criminal law section of the crime of medical malpractice,modifying the appellation of the crime,increasing the legal types of punishment,and increasing the accountability of the directly responsible person.That the charge be changed from Section 6 of Part II to Section 4;Change this charge from "medical malpractice crime" to "medical liability malpractice crime";It is suggested to increase three kinds of punishment: fine,control and qualification penalty.In the aspect of medical practice,it is suggested to strengthen the normative training of medical practitioners in medical institutions.