The Criminal Liability Of Medical Practice Omission Crime

In the doctor-patient relationship legal problems, when the patient's legal interest is infringed by medical practice, the doctor has responsibilities which are related to the civil law, administrative law, criminal law and other laws and regulations. Legal protection of criminal law as the last line of defense is the most awed by a doctor when he is performing his occupation. In China's criminal law theory system, medical practice because of its behavior characteristic can be classified as medical practice act and medical practice omission. Doctor's occupation obligation is stipulated by the medical regulations and medical contract explicit commitment set forth, and also is the cardinal origin of the doctrine of causality. If the doctor caused the patient's life or health suffer ring serious consequences in the process of medical treatment which is based on the legal obligation of omission, he is possible establish corresponding omission because of violate statutory obligation. During the process of doctor's professional work, the doctor result in impairment results on the patient's life or physical health is usually not intentional on the subjective, So the doctor's statutory obligations of omission is usually a negligence as typical.This dissertation uses comparison method, the theoretical analysis and practical analysis method to research doctor's occupation duty omission in the medical activities, from a combinative angle of the law, medical theory and medical practice, by collecting large amounts of related academic publications, journals, papers and other research results.This dissertation is composed of three parts which are divided into preface, text which has four chapters and conclusion.The first chapter analyses medical practice by uses the medical practice definition and medical practice characteristics, and give suggestions on affirming the medical practice definition. The second chapter firstly discusses the relationship between the medical practice and the crime of wounding and the justification against offenses of medical practice first, and then organically combine the connotation of medical practice with the criminal law, and summarize provision of medical practice which is conform to the constitutive requirements of the crime of wounding and the significance in criminal law of medical practice. The third chapter investigate the method of medical omission judgment in medical practice from the angle of faulty omission crime in terms of omission theory. Use the reference of German medical criminal law theory to illustrate the generation and the obligation origin of the doctrine of causality. The fourth chapter pick the criminal obligation from the doctor's legal obligation, respectively illustrate and analyse the doctor's obligation which include obligation of informed consent, emergency aid and treatment, diagnose personally, being authertic. Then discusses the legal obligation of the medical duties violation of a doctor in the medical practice.At last of this dissertation is the summary and conclusion of the text which include four chapters.