Malpractice Crime Constitute A Crime Research

Since the reform and opening up, especially in recent years, the medical industry hasachieved remarkable development. However, compared with developed countries, China still hasa long way. At this moment, our medical technology is not so advanced. There are certain riskswhen People go to see a doctor. And the medical personnel in medical activities seriouslyirresponsible cause the patient suffered from serious injury. And then increase the doctor-patientcontradiction. Although China has increased the relevant provisions of the crime of medicalaccident in1997, but due to its fuzziness existed obvious, many problems still exist disputes.According to the research constitutes the crime of medical accident crime as a master’s thesis.The use of case analysis, literature research, theoretical analysis and comparative analysis, tostudy the problems of crime of medical malpractice. Expect to have the considerable theoryconnotation and the practical significance.This paper is divided into five chapters.In this paper, the first chapter an overview of the crime of medical accident, a total of threeparts. First,talking about the concept of the crime of medical accident. Then definition of theproblem. Finally, the medical accident crime constitution theory debate.The second chapter discusses the main problems of crime of medical accident. Key issuesabout medical personnel range. Analysis of the medical behavior to intern and cross location,across the categories of how to define the problem.The third chapter discusses the subjective aspects of crime of medical malpractice. Expoundthe problem of the medical staff duty, criteria of the attention ability, and the problems in theapplication of risk theory and the principle of trust allowed in the crime.The fourth chapter discusses the objective aspects of crime of medical accident.Introduceswhat the medical behavior, any serious irresponsible behavior.Serious damage to the patient’shealth standards.And the causal relationship between the harmful conduct and consequences.The fifth chapter discusses the object of the crime of medical accident. Focus on the analysisbelongs to a single object or a complex object.What is the main object and what is the secondaryobject.Although the author in the process of writing this article, collect the relevant data, but due tothe limited capacity, a lot of research is not in place.Hope that the relevant experts, scholars cancriticism.