Research On The Judicial Identification Of The Crime Of Medical Malpractice In My Country

At present,most of the research on the crime of medical malpractice by mainland scholars is conducted on the basis of the "four elements of crime",and in judicial practice,the court’s determination of the elements of the crime is sometimes vague,and even the violation of the law and the Responsible identification is directly absent.Therefore,the author intends to use the German "three-class" class composition theory as the basic theoretical tool,and take the "medical malpractice crime" criminal verdict included in the China Judgment Document Network as a sample,and refer to the German and Japanese Criminal Law and Taiwan’s medical negligence crimes.Theoretically,discuss the constitutive elements,illegality and liability of this crime.The specific text is as follows:Introduction: This part will be explained from five aspects.Firstly,the topic selection background and research significance.Nowadays,the theory of the constitutive elements of the German "three-class" class has been recognized by most scholars.The author believes that it is very necessary to discuss the constituent elements of the crime and the difficulty of judicial determination based on the theory of class crime.Therefore,based on this starting point,after discussing with the supervisor,the author determined the direction of the topic of this thesis.It is planned to use the theory of class crime as the basic theoretical tool,and the criminal verdict of "Medical Malpractice Crime" included on the Internet of Chinese Judgment Documents as a sample.The People’s Court’s position on the application of Article 335 of the Criminal Law reveals the errors in the judicial application of Article 335 of the Criminal Law,and attempts to propose corresponding improvement countermeasures,with a view to deep understanding and accurate application of Article 335 of the Criminal Law It helps.Secondly,the status quo of research.Respectively,it briefly summarizes the research status of medical negligence crime in Germany,Japan,Taiwan region of my country,and China’s mainland.Thirdly,research methods.This research method includes case analysis method,comparative research method,and case research method.Fourthly,study samples.The content includes the source of the criminal verdict of the crime of medical malpractice,the screening criteria,the process of obtaining it,and the basic status of the verdict,such as time distribution,first and second trials,retrials,and medical institutions where medical staff are located.Fifthly,innovations and shortcomings.This article takes the class crime theory system as the theoretical stand and analytical tool,and integrates it into the description,analysis and reflection on the criminal judgments that have been concluded and effective.Compared with the existing related research in China’s mainland,whether it is in theoretical tools,Both the analysis method and the research material are novel.The author’s lack of medical expertise makes it difficult for this article to achieve a deep understanding of the medical expertise involved in the research materials.The extremely limited research samples make this article inevitably have cognitive limitations.Chapter One: The main content includes the identification of legal interests in the judgment and the reflection on the legal interests of medical malpractice crimes.The judgment did not make a unified provision for the description of legal interests,and concluded that there are roughly four ways of expression.In academic theory,there are two propositions about the legal benefit of the crime: a single legal benefit and a plural legal benefit.The author believes that the expression of legal interest in the practice judgment should be embodied as not only infringing on the medical management norms,but also damaging the personal rights of the patients.Chapter Two: The identification and reflection on the elements of the crime of medical malpractice,mainly including the elements of the crime in the judgment,such as the subject element,the medical behavior element,the medical negligence element,the result element,the determination of the causal relationship and the respective Reflections on the elements of each part.Chapter Three: The identification and reflection on the illegality of the crime of medical malpractice,which mainly includes the criminal general’s provisions on the reasons for illegal obstruction,the judgment on the identification of legitimate medical behaviors and the reflection on legitimate medical behaviors.The reflection on legitimacy is to combine German and Japanese criminal law theories to understand our country’s determination of legitimate behavior.Chapter Four: Recognition and reflection on the responsibility of the crime of medical malpractice,mainly including the recognition and reflection of the responsible elements in the judgment,and the reflection on the responsibility of the medical damage results.Chapter Five: Reflections on the basic situation of criminal liability in the criminal verdict of the crime of medical malpractice and the application of penalties.Conclusion: Regarding the problems in the judicial application of the crime of medical malpractice and suggestions for improvement.The problems of judicial application in criminal judgments include: vague identification of constituent elements;insufficient identification of illegality;absence of responsibility;The penalty level is single;simple production of judgments and lack of substantive reasoning.Suggestions for improvement include: refining and clarifying the essential elements;fully demonstrating illegality;enhancing the accountability of interpretation;Quantify the allocation of penalty levels;standardizing the production of judgments and strengthening the logic of argumentation.