试述刑事犯罪领域的医疗过失

Discussion about the significance of medical defect in criminal law

医疗行为具有很强的专业性,也具有极高的风险性,因此,在诊疗护理活动中医疗过失难免会发生。然而,对于医疗过失的行为的刑事责任问题理论界一直争论不休,甚至医疗过失是否应承担刑事责任亦未有定论,以至于在司法实践中也难以有效的判定医疗过失应承担的刑事责任。本文试图分析医疗过失的刑法意义,并以此来阐述医疗过失刑事责任的问题。

It is possible that doctors made a mistake in medical treatment, because of the medical treatment is professional and risky. Experts usually make a discussion about the criminal duty. We should not find out whether the punishment is made to the doctors who make mistakes in medical treatment. Author is trying to discuss the significance of medical defect in criminal law.