Medical Process Of Death In Qualitative Study

The medical industry has a high degree of risk, medical practices are directlyrelated to humanity’s health and safety. Therefore, to maximizely protect human’shealth and safety in medical practices, the stipulates the strict management system ofaccess for health care organizations and their employees. National laws also prohibitthe of illegally practicing medicine and the behavior that the doctor negligently do inthe course of their practice of medicine which result in damage to the person seekingmedical. The Article335and336of Criminal Law are the provisions regarded to this.In accordance with the provisions of the law, distinguish the crime of illegallypracticing medicine, the crime of medical accident and the crime of negligenthomicide seems easy in theory, but in practice, because of the specialized andcomplex nature of the medical activities, to distinguish these three crimes are stillrelatively difficult. Moreover, the crime of illegally practicing medicine is a new andsmall kind of crime was set in1997, there is a big difference in handling these relatedcases in the judiciary. This article attempts to discuss the difference among the crimeof illegally practicing medicine, crime of medical accident and crime of negligenthomicide from the view of the elements of the crime through a case which is allegedto the crime of illegally practicing medicine, to provide some information for thecases that cause the person to death in the practice of medicine and provide some helpin handling similar cases. This article is divided into five parts:The first part is the cause of the case, the case of illegally practicing medicine.The second part is the introduction of the case.The third part is the controversial focus of the case. A focal issue in this case isthe characterization of the case.The fourth part is the differences of opinion. This part introduced in threedifferent views on the qualitative issues of the case mainly from the view of theelements of the crime: The first view is that the case should be given the crime ofnegligent homicide; The second view is that the case should be given the crime ofmedical accident; The third view is that the case should be given the crime of illegallypracticing medicine.The fifth part is the research findings of the case. This part is divided into two major parts: The first part the legal analysis of the case, the second part is thequality of the case. The first part, respectively analyses the elements of the crime ofillegally practicing medicine, the crime of medical accident and the crime of negligenthomicide from the theoretical point of view, mainly analyses the subject and theobjective aspects of the crime of illegally practicing medicine and the crime ofmedical accident. This section is based on the analysis by drawing on the views ofscholars, said: The subject of the crime of medical accident, namely the medical staff,and described the specific scope of the medical staff. The objective aspect is that themedical staff in the legal clinic nursing activities, in violation of the rules andregulations and clinics operating conventional seriously irresponsible, causes death orserious damage to the health of patients. The subject of the crime of illegallypracticing medicine is the person who has not obtained the doctor’s qualification forpracticing, and specifically lists the scope of not obtained the qualification forpracticing. Analyses the objective aspect of the crime of illegally practicing medicinefrom “the illegal practice of medicine”,"the circumstances are serious,"" the causalrelationship", is the serious behavior of illegally practicing medicine that the personwho is not obtained the qualification for practicing does. The second part analyses ofthe behavior of the two defendants in this case, combined with the first part deals withthe Elements of the three crime concluded: Liu’s behavior is the act of illegal medicalpractice, but does not constitute the crime of illegally practicing medicine; He’sbehavior constitutes the crime of negligent homicide, and specify the reasons.