Medical Malpractice

This paper discusses crime constitution of medical accident crime from crime subjects crime subjective, crime objects and crime objective requisites. Subject of crime of medical accident is medical workers who are performing their duties by law; Subjective of crime of medical accident involves grossly neglecting error and excessively confident error; Crime of medical accident has a double object, The primary one is the patient right on life or health, The secondary is the normal order and managing activities of medical units; And objective requisites of crime of medical accident consists of three points: one, there are grossly neglecting actions in medical worker's job; two, the above grossly neglecting actions cause death or severe harm to the health of the person seeking medical service; three, there is necessary causality of crime between the above grossly neglecting actions and the above consequences of death or severe harm. And there are problems of too single punishment kinds and low range lying in the equipment of statutory punishment of crime of medical accident in the criminal law of the People's Republic of China. These problems can be improved by replenishing fine punishment and raising the range of statutory punishment.