论医疗刑事责任的根据

On the Criteria of the Criminal Responsibility for Medical Accidents

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。因此,对于医疗过失行为承担刑事责任的范围不宜过于宽泛。结合1997年刑法的规定及刑法基本理论,阐述了认定医疗刑事责任的根据,限定了医疗过失行为承担刑事责任的范围,以期对司法实践有所裨益。

Considering that the medical process is highly professional and dangerous, it is natural for the doctors to make some mistakes in the medical treatment. Therefore, the limits should be imposed on the scope of the criminal responsibility for the doctors who accidentally do something wrong in the medical examination. In hope to benefit the legal practice, combining the articles of New Criminal Code 1997 with the essential theories of the Criminal Law, to deal with the foundation, on which the criminal responsibility can be established, and how to limit the scope of the criminal responsibility for the medical accidents.