Difficult Problems Of Medical Malpractice Conviction

1997amended section335of the Criminal Law of the People’s Republic of China expresslyprovides that the crime of medical malpractice, the determination of the charges for theprotection of the legitimate rights and interests of the patient, maintain the working order of themedical institutions will have a positive impact. But the crime of medical malpractice identifiedin the legislation since the implementation, whether it is in the theoretical explanation or the useof the judicial practice, the offense generated a lot of controversy, especially for the identificationof the crime of medical malpractice more difficult problem. The article is based on someknowledge of the problem identified in the crime of medical malpractice, to talk about theirviews and ideas through this thesis, in order to provide an idea for the crime of medicalmalpractice in the future can be better applicable.The paper is divided into three parts.The first part of the main body of the crime of medical malpractice identified. First, king ofshellfish cosmetic event leads to the focus of controversy for the event, and that the mainresponsibility for the controversy; followed by narrative medical malpractice Crime of thetheoretical nature of the medical staff, the combined event analysis whether Wang Pui eventsattending physician with medical staff qualifications; once again, for the event of a dispute,discusses the other main responsibility for medical units and medical units of the party and government, logistics personnel can become a medical malpractice subject of the crime, finally,by the above discussion, a critical analysis of the event.The identification of the subjective aspect of the second part of the crime of medicalmalpractice. Leads through the the Hu Xuegeng medical malpractice case the focus ofcontroversy of the case; discusses the subjective aspects of the crime of medical malpractice,medical negligence, medical staff attention to the content standards and ability to pay attention to,and combination of subjective fault of the case analysis Hu Xuegeng medical malpractice case inwhich the degree of; once again, under special conditions discussed by the crime of medicalmalpractice, Medical Accident Crime allocation and trust principles in the crime of negligence,the case analysis; protest to the Hu Xuegeng medical malpractice trial of second instance, acritical analysis of the appellant’s protest of the contents of the opinion and appeals in this case.The third part of the crime of medical malpractice objectively identified. First of all, thefocus of controversy of the case leads to the readme Yang Xue-ying private prosecution Ding theJianye medical malpractice case; discussed medical malpractice crime of "serious irresponsible","serious damage to the treatment human health standards and between causal relationship,combined with the cases be described one by one; Finally, by the above discussion, a criticalanalysis of the case.