Application Of The Principle Of Reliance In Crime Of Medical Accident

The principle of reliance originates from the Germany and is widely accepted and applied in practice in Germany, Japan and Taiwan province, China. But Chinese academy of criminal law lacks in the research on this issue, especially on the application in crime of medical accident. This dissertation analyses the bases and conditions of the application in crime of medical accident after introducing theoretical foundation of the principle of reliance, and explains the application in detail integrating with typical cases. Except for introduction and epilogue, this dissertation consists of 4 chapters, with about 33,000 words.Chapter 1 is about the basic theory of the principle of reliance, consists of background and theoretical foundation. The principle of reliance is the result of hi-tech development, division of labour and the negligence theory. Its theoretical foundation includes reasonable danger, assigned danger and social permitting theory.Chapter 2 is about the application bases of the principle of reliance in crime of medical accident. Firstly, introduces the crime of medical accident briefly. Secondly, defines the application range of the principle of reliance. Lastly, demonstrates that the principle of reliance can be applied in crime of medical accident.Chapter 3 is about the application conditions of the principle of reliance in crime of medical accident based on universal application conditions. They consist of positive and negative conditions. The positive conditions include objective and subjective aspects, and the negative condition is involved in judgment of social permitting theory.Chapter 4 is about the application instances of the principle of reliance in crime of medical accident. The principle of reliance can be applied not only between medical personnel in organized medical treatment to distribute liability, but also between medical personnel and patients to deny the liability for negligence of medical personnel.