对医疗事故罪法定刑的理性思考

Discussion on Statutory Punishment in Medical Accident

医疗事故罪的法定刑为"三年以下有期徒刑或者拘役",而其他业务过失犯罪的法定最高刑可达十五年。较之后者,医疗事故罪的法定刑明显偏低。显然,现行刑法对医疗事故罪采取了减轻处罚的刑事政策。减轻处罚的立法政策,在理论上缺乏充分的立法依据,在实践中难收刑罚一般预防和特殊预防的功能。

The article 335 of Criminal Law stipulates that those who commit medical accident crimes will receive statutory punishment of less than three years＇ imprisonment or detention, which is obviously less serious than those punishment of crimes of vocational negligence. It is clear that the policy of the mitigated punishment is adopted in the punishment of medical accident crimes. To point out that the adoption of the mitigated punishment does not have adequate legislation bases in theory and in practice. It is hard to play an active role in average and special defenses.