A Study On The Judicial Determination Of "Serious Irresponsibility" In The Crime Of Medical Accident

In recent years,with the continuous development of medicine and the continuous progress of medical technology,the division of labor in various medical fields has become more specialized and detailed,which leads to the diversification of medical malpractice and makes the qualitative diagnosis of medical malpractice more challenging."Serious irresponsibility",as an important element in the conviction of the crime of medical malpractice,is of great significance to the establishment of the crime,the determination of the charge,and the division of criminal and civil liability.However,due to the abstract and general nature of criminal norms and the professional complexity of medical technology,there are many problems when judicial personnel identify "serious irresponsibility" in judicial practice.This article through to the nationwide from 2009 to2021 cases of crime of medical accident statistics and analysis,in the medical accident crime "seriously irresponsible" that situation,find out the specific problems existing in the practice,and puts forward some constructive Suggestions to improve the medical accident crime "seriously irresponsible" judicial cognizance.Apart from the introduction and conclusion,this thesis is divided into four parts:The first part is the summary of "serious irresponsibility" in the crime of medical malpractice.There is no clear definition of "serious irresponsibility" in legislation,but there are three different viewpoints in the theoretical field: subjective requirement theory,objective requirement theory and subjective and objective synthesis theory.This paper argues that "serious irresponsibility" refers to the serious violation of laws,regulations,rules and regulations,diagnosis and treatment and nursing standards,routine and other illegal acts by medical staff due to "negligence" or "overconfidence",which is reasonable as the constituent elements of the crime of medical malpractice.The second part is the status quo of judicial determination of "serious irresponsibility" in the crime of medical malpractice.Through the summary and analysis of 58 judgments of the crime of medical malpractice nationwide from 2009 to 2021 released by China Judge Network,it can be seen that there are certain rules in the identification of the crime of medical malpractice,and this paper summarizes the specific performance of "serious irresponsibility".The third part,the problems in the judicial determination of "serious irresponsibility" in the crime of medical malpractice.Based on the statistical analysis of 58 judgments,it can be found that there are some problems in the judicial determination of "serious irresponsibility" : first,there are disputes on the interpretation of the connotation of "serious irresponsibility";Second,there is a lack of clear standards for the identification of "serious irresponsibility";Third,there is a lack of effective information conversion in the medical field and criminal justice.The fourth part,the solution of the "serious irresponsibility" in the crime of medical malpractice judicial determination of the problem.The first is to follow the original intention and legislative principle of the crime of medical malpractice,clarify the connotation of "serious irresponsibility",and grasp the scope of "serious irresponsibility" in medical behavior.The second is to clarify the identification principles of "serious irresponsibility" : the principle of criminal modesty,the principle of protecting the legitimate rights and interests of the accused,and the principle of balancing the doctor-patient relationship.Third,reasonably adopt the conclusion of technical appraisal or judicial appraisal of medical malpractice,and clarify the validity of the conclusion in identifying "serious irresponsibility";Fourth,we should effectively play the role of defense in the whole process of judicial determination of "serious irresponsibility".