错位的惩罚——谈谈医疗事故罪的刑事责任

Disordered Punishment Discussion on Penal Duty of Medical Accident Crime

当代各主要国家的刑法典均对医疗事故罪进行了规定,国外的通说认为,医疗事故罪作为业务过失犯罪的一种,其处罚应当重于普通过失犯罪。然而中国的情况却恰恰相反,刑法典规定的医疗事故罪的法定刑不仅轻于普通过失犯罪的法定刑,而且轻于其他的业务过失犯罪。这与我国刑法的罪刑相适应原则是背道而驰的,笔者就此问题阐述了自己的看法。

Medical accident crime is stipulated by many penal codes in some countries. It is commonly believed overseas that medical accident crime is one of unpremeditated professional crimes, which is more serious than general unpremeditated crimes, while it is just contraty in China. In Chinese penal code, such crime is not only lighter than general unpremeditated crimes, but other professional unpremeditated crimes, which is diametrically opposed to our criminal law. The author elaborated his ideas on this problem.