The Disscussion About The Medical Mltreatment Crime

Crime of medical accident is a newly-added crime in the Criminal Law of our country taken effect on Oct.1,1997.According to Article 335 of the Criminal Law,"The medical staffs that cause the death of patients or serious injury to patients' health because of their serious irresponsibility for their medical work shall sentenced to no more than 3 years'imprisonment or detention." It can significantly prevent the medical accidents and punish crime of medical accident. But there are still some controversies over the theory and practice at present,which has effected correct application of the crime. Combining theory of criminal law and judicial practice, the author integrated the methods of historical, comparative, logical to analyze the important documents of crime constitution and explore the boundaries between crimes, comparative research of Chinese and foreign legislation on medical crime,and get a initially analysis on crime constitution, the judicature recognize, legislative flaw, the legislation consummates.This article ,about 30,000 words,is divided into five parts:First,Basic questions research of Crime of medical accident.The establishment of Crime of medical accident takes one's behavior which creates medical accident as the prerequisite.So the accurate assurance of the connotation of medical accident is beginning and the foundation of reseaching Crime of medical accident,and this has the very vital significance in processing cases involveing Crime of medical accident correctly.In this part,the auther made the detailed elaboration to medical accident and Crime of medical accident and the character,in order to make a foundation upholstery for the further analysis.Second,Comparative research of Chinese and foreign legislation on medical crime. In this part,the auther got a comprehensive review on legislation historical evolution in 3 aspects including the Chinese and foreign legislation on medical crime in ancient times, legislation inspection of modern China on Crime of medical accident,and legislative comparison on Chinese and foreign legislation on medical crime in modern times,in order to get a good understands in the historical development change of Crime of medical accident.Third,Crime constitution of Crime of medical accident. According to the theory of crime constitution in our country,the auther got a detailed elaboration of the character of Crime of medical accident in 4 aspects,including crime object,objective aspects of crime,crime subject,subjective elements of crime.Fourth,The judicature recognize of Crime of medical accident. The auther Discriminated the related concept and Crime of medical accident ,in boundary of Crime and non-crime,and boundary of this crime and other crimes,wishing to do some good to judicial practice.Fifth,Legislative flaw and The legislation consummates of Crime of medical accident.The auther analyzed legislative flaw in indictment establishment and legal punishment disposition,and then gave the related consummation comment and suggestions in view of legislative flaw.