论医疗犯罪中的“严重损害就诊人身体健康”

Study on Serious Damage to the Person Seeking Medical Treatment Provided in the Crime Relating to Medical Service

我国刑法规定的三种与医疗相关的犯罪中均有"严重损害就诊人身体健康"的规定,但是这个术语在各犯罪中意思不明确,表达不确切,内涵不统一,这与立法的统一性要求不一致。从刑法内在的统一性来看,应将该术语理解和表达为刑法上的"重伤"。

There is regulation on “serious damage to the person seeking medical service” in the three crimes relating to medical service provided in the criminal law of the PRC .But the meaning of this term is not clear, the expression is not nicety, and the connotation is not consistent in the fore-mentioned three crimes. And this kind of expression is in contravent of the request of legislation language on it＇ s unity. We should understand and express this term with “serious injuries” provide in criminal law if we take the consistence of the criminal law into account.