Analysis Of Li Jianxue’s Medical Malpractice Crime

The crime of medical malpractice is an independent crime stipulated in Article 335 of the1997 "Criminal Law of the People’s Republic of China".It is an important legal basis for my country to include serious medical malpractice in the scope of the adjustment of the Criminal Law.In many years of judicial practice,the determination of the crime of medical malpractice has faced many difficulties,such as "serious irresponsibility determination","causal relationship determination","negligence determination",and "medical malpractice appraisal opinion can be directly used as criminal liability determination" Issues such as vague identification standards and inconsistent identification conclusions,etc.,need to be resolved urgently.This article combines Li Jianxue ’ s medical malpractice crime case and analyzes the problems in the identification of medical malpractice crime,and concludes that “serious irresponsibility” in medical malpractice crime cannot be simply equated with“violation of medical laws and regulations”,“diagnosis and treatment technical norms and routines ” "The severity should also be examined.In the determination of causality,we should comprehensively examine the many factors that led to the result,and impose necessary restrictions on the attribution of the criminal result.In the determination of the subjective aspects of the crime of medical malpractice,it is necessary to clarify issues such as the determination standards of business negligence and supervisory negligence in the medical process.In medical malpractice crime cases,the medical malpractice technical appraisal opinion cannot be directly used as the basis for the determination of criminal responsibility.Judicial review should be carried out on the basis of the improvement of the medical malpractice appraisal system and its proving power should be determined.The solution to the problem of the identification of medical malpractice crimes must not only be closely integrated with our country’s legislation and judicial practice,but also refer to foreign experience.Only in this way can we achieve the ultimate goal of uniform law application standards,simultaneous judgment in the same case,and fair justice.