An Empirical Study On Judicial Application Of Medical Malpractice Crimes In My Country

When it comes to medical problems,it will always cause a wide range of hot discussions from all walks of life in the society,and the research on medical negligence has never stopped in China.Since the establishment of the crime of malpractice in 1997,the academic circle of criminal law in China has been devoted to the research on the related issues of the crime of malpractice,such as the constitutive requirements of the crime of malpractice,the identification of the act of malpractice,the types of the crime of malpractice,the duty of care in medical affairs and so on.The in-depth study of theoretical problems will better guide the application of judicial practice,but whether the problems reflected in judicial practice can be solved one by one in the theoretical research is also worthy of attention.Therefore,starting from the judicial practice,through the collection and analysis of the relevant cases of the crime of medical malpractice,this paper finds out the problems existing in the judicial application of the crime of medical malpractice,and puts forward the corresponding improvement scheme,in order to improve the application of the crime of medical malpractice in judicial practice.This paper is divided into four parts.The first part is the introduction,which explains the relevant situation of empirical research.First of all,explain the background and significance of the research,explain that there are some problems in the judicial application of the crime of medical accident in practice,and prove the necessity of this empirical study.Secondly,it introduces the research methods and research review,which shows the relevant theoretical basis of this empirical study,and proves the scientificity and rationality of this empirical study.Finally,the paper explains the general situation of the sample,clarifies the research object,explains the source of the sample and the overall situation of the sample,and proves the authenticity and objectivity of the empirical research data.The second part is the basic situation of the judicial application of the crime of medical malpractice.This part collects and summarizes the judgment documents related to the crime of medical malpractice from 2010 to2020,and makes statistical analysis from four aspects: the identification of "serious irresponsibility",the identification of medical malpractice,the conviction of sample cases,and the criminal punishment of sample cases,so as to explain the current situation of judicial application of the crime of medical malpractice.The third part analyzes the problems and causes of the crime of medical malpractice in judicial application.This part is mainly based on the above data analysis results,respectively from the "serious irresponsibility" identification is not clear,medical malpractice identification is not standardized,medical negligence behavior identification is not consistent,Supervision Negligence identification deviation,and the lack of rationality of criminal punishment these five aspects,at the same time,analyzes the causes of these five aspects.The fourth part puts forward corresponding improvement suggestions from five aspects according to the content of the third part.Because the identification of "serious irresponsibility" is the core of the identification of medical negligence,this part focuses on the improvement of the identification of "serious irresponsibility".While clarifying its connotation,in the view of the new fault theory,the author puts forward some suggestions,Using the relevant content of duty of care to make the identification of "serious irresponsibility" concrete.At the same time,it defines the medical behavior scientifically,introduces the theory of Supervision Negligence to deal with the team medical negligence,puts forward scientific suggestions for the identification of medical malpractice,and puts forward detailed application suggestions for the sentencing standard of the crime of medical malpractice,so as to deal with the criminal cases of medical malpractice more scientifically and rationally,ensure medical safety,and positively promote the healthy development of medical cause.