The Criminal Liability of Medical Malpractice in the Peoples Republic of China:1980-2009

摘要：

　　To prosecute the criminal liability of the medical staffs serious defaults during the medical process is an important characteristic of legislation and judicial practice in China.This article has made some analysis in this regard by using experience and data analysis as methodologies.In China, the relative incidence rate of criminal cases of medical malpractice is about 3%, which means that there are about 3 cases to be pursued as the crime of medical malpractice in every 100 medical malpractice cases which have been taken into proceedings.Pursuant to the criminal judgments, the difficulties of this crime lie in how to identify the medical negligence and causation.The trend for ruling such kind of crime is that the measurements of penalty of the crime are lighter in totally.Insisting on the prudence and austerity in judicial practice should be the basic developing orientation of criminal liability of medical malpractice.

关键词： Medical dispute Medical criminal case Medical malpractice Empirical analysis

作者: YANG Dan

作者单位: School of Humanities,Ji Nan University,Zhuhai,P.R.China,519000

会议类型: 国际会议

会议名称: 2013 International Conference on Public Administration (9th)(2013年第九届公共管理国际会议)

会议地点: 南非

会议语种:英文

页码: 1024-1030

在线出版日期: 2013-10-31（万方平台首次上网日期，不代表论文的发表时间）