Analysis Of Criminal Judgments In Criminal Cases Of Medical Malpractice In My Country

The crime of medical malpractice was first written into my country’s Criminal Law in1997,focusing on investigating the criminal responsibility of serious negligent medical personnel,hoping to use the deterrent effect of criminal punishment to maximize the protection of patients’ right to life and health and maintain normal medical management order.Through careful study of 41 first-instance criminal judgments collected for medical malpractice crimes,it was found that the average annual medical malpractice crime was 5.1cases,the average sentence was 18.8 months,the probation rate was 48.8%,the innocence rate was 9.8%,and the medical malpractice identification rate 100%,and the civil compensation settlement rate was 63.4%.Judging from the scope of the sample,there are mainly the following litigation dilemmas in criminal adjudication of medical malpractice:First,the overall criminal prosecution is not strong,and the tendency of civil compensation to replace criminal liability is serious;second,there are repeated appraisals and multiple appraisals.And the expert assistant did not fully play the role of cross-examination;third,the sentencing procedure lacks confrontation,lacks a unified sentencing standard to regulate sentencing,and sentencing shows a trend of lighter and slower sentencing.Undoubtedly,the many obstacles in the criminal legislation and justice of the crime of medical malpractice are the important reasons for the low application rate of the self-imposed penalty.This article is mainly based on the results of empirical analysis,and on the basis of drawing on the excellent legislative experience of foreign countries,explores and perfects the lawsuit path of my country’s medical negligence criminal justice.