Research On The Difficult Problem Of Judicial Determination Of Malpractice Crime

The treatment of the most micro,micro must be studied;There is no remedy too wide to be too wide.This sentence not only expresses the high complexity and technicality of medical behaviors in today’s society,but also indicates that medical personnel have corresponding due diligence in diagnosis and treatment due to the large number of people receiving medical behaviors.However,nowadays,with the progress and development of medical cause,the number of medical accidents is increasing,and the contradiction between doctors and patients is intensifying.Therefore,in 1997,China added the crime of medical malpractice,a typical crime of professional negligence,in the criminal code.After the medical accident crime in the crime,according to the data in the net,China the written judgment from cases a year zero incidence of medical malpractice cases rose to the highest 41 thing happen in one year,an average of nine per day court medical accident crime cases need to be solved,and the incidence of medical accident crime in general has been in a rising trend,so the author thinks that the medical accident crime shall cause criminal judiciary as well as the criminal law educational world attention.Because although the crime of medical malpractice fills the blank of medical crime in the criminal code,it is too simple and general.For the provision of some words,such as "severe physical health injury of patient",did not give specific reference standard such as crime subject or judicial interpretation,so cause because there is no specific reference standard in practice,different courts to produce harm result of reference standards,combined with the medical damage appraisal program chaos,multifarious,for medical accident crime in the practice of application has brought certain difficulties,and at present in our country is more "lost",medical accident of civil cases,criminal case it is also for other potential risk factors from the medical staff.Therefore,the author in this paper from the constitutive requirements of medical accident crime,the criminal subject,harm result,causal relationship and medical damage appraisal and so on problems existed in the research,and collect the relevant theory of criminal law educational world and the medical profession are compared,and finishing with the last select herself that the theory is applicable to thejudicial practice and for each part of the perfection of personal Suggestions are put forward.This paper consists of the following four parts:The first part: the present situation of the crime of medical malpractice,the characteristics of the crime of medical malpractice and the general criminal crime summarized in the application of the law,and the relevant provisions for the crime of medical malpractice abroad.The second part: at present,in the judicial practice of our country,the crime of medical accident on the subject and the object of the definition of the difficulties and perfect measures.The third part: the emphasis of the crime of medical malpractice,how to judge whether there is a causal relationship between the result of damage and the harmful behavior,the shortcomings of China’s identification model and the improvement measures for China’s identification model.The fourth part: in the judicial process,judges’ judgment criteria for medical workers’ duty of care,factors affecting medical workers’ duty of care and corresponding strategies.