Study On The Criminal Regulation Of Medical Acts

In recent years,with the medical accidents constantly occur,the contradiction between the hospital and patients are deepening.The problem between doctors and patients has affected people’s life and social development.To this end,in August 29,2015 the twelfth session of the Standing Committee of the National People’s Congress(NPC)adopted the ninth amendment of criminal law and the first paragraph of article 290 th of the criminal law was revised."Medical punishment" for a time become a hot topic in the community.In the face of the practice of State Legislatures,we should further define medical acts of crime and non crime and discriminate the medical trouble crime between claim right.By building a more mature medical system and medical dispute resolution mechanism,we can make the doctor-patient relationship back to mutual trust and harmonious.The main purpose of this paper is to study further define medical behavior into crime and simply claim rights,because in the judicial practice of our country,the judge may have different cognition to the problem.In practice,different verdicts of analogous cases is very possible.This is not only to bring unreasonable judgment for the parties,but also greatly reduce the impartiality of Justice,undermine the credibility of the law,and give rise to adverse social consequences.In order to better clarify the boundaries,this paper analyzes several elements that medical trouble crimes should satisfy,including plot elements,subjective elements,object elements,objective elements and so on.Through the analysis of these elements and the study on treatment method of the problems of contest of medical crimes and other crimes at the same time,we can further clarify the preconditions to the medical crimes and provide solutions to the judicial practice in the future.