The Identification Of "Seriously Irresponsible" Behavior Of Malpractice Crime

Malpractice refers that the medical institutions and their medical personnel have caused patients personal injury accidents by negligence during the medical activities because of violation of health management laws,administrative regulations, departmental rules, norms and routine of medical care. China has provisioned the criminal responsibility of medical negligence for the first time in <Criminal Law>of 1997, which has an extremely important and positive significance for specification of investigating criminal responsibility of medical negligence and for prevention of the occurrence of medical accidents. The article 335 of criminal law has made such a provision of medical crime "The medical staff who caused death or serious harm to the patients because of seriously irresponsible should be cost no more than three years imprisonment or detention".In China, the theoretical research of malpractice crime still has large distance comparing with that in Japan or Germany, which causes that in judicial practice, many problems could not be properly solved and even worse, affects the accuracy of pursuing criminally responsibility of medical crime. Therefore, we should strengthen the theoretical research of malpractice crime in order to protect the accurate qualitative and sentencing in judicial practice and meanwhile promote the medical staff to improve the role of their duties and care to ease the nervous situation in doctor-patient relationship.This paper is mainly divided into four chapters:The first chapter discusses the problem in identifying of "seriously irresponsible" behavior of malpractice crime.Behavior is an important objective aspect of medical crime. This paper takes the objective behavior of this offense as the key points to analyze the objective behavior identified problem of malpractice crime in theory and practice. The existed objective behavior identified problems of malpractice crime in theory were analyzed from the perspective of behavior, result and causality, while the problem in practice mainly analyzes the shortcomings in the case sealed system and malpractice identifications.Chapter II and III discusses the definition of medical crime "seriously irresponsible" behavior as well as the establishment standard of criminal behavior. Seek solution to the problem with the basic analyze of problem in theory in previous chapter.The fourth chapter mainly discusses the medical identification of "seriously irresponsible" behavior of malpractice crime. Probe the position of malpractice identification conclusion in criminal cases and then by introducing the identification system abroad and combining with China’s specific national conditions to summarize malpractice identification system suitable for China.