从“王贝之死”看加快推进尸体解剖立法的重要性和紧迫性

On the Importance and Urgency of Speeding up Legislation of Autopsy Concluded from "Wang Bei's Death"

王贝美容整形术后死亡事件,虽然医患双方已经协商处理,但此案本身仍然迷雾重重、疑点颇多。主要疑点有:①死因不明,呼吸循环衰竭是死亡机制,而非死亡原因。②为何不进行尸体解剖,以查明死因及相关问题,便于公平、科学、合理地解决此事。③调处程序问题。对社会关注的事件,让其自行协商解决,这样的处理程序是否合理、合法。这种不作尸体解剖查明死因及相关事实的现象,也正是目前涉及死亡的医疗纠纷案件难以调处和审判的一个关键问题。本例应该吸取的经验教训中很重要的一点就是,应从王贝之死看到加强我国死亡管理和加快推进尸体解剖立法的重要性和紧迫性。

Although the event of Wang Bei＇s death after the cosmetic operation has passed for a period time, and the disputes had been handled by doctors and patients through consultations, the case is still vague and has some doubtful points： 1. The cause of death is unclear. The respiratory and circulatory failure is mechanism of death, not cause of death; 2. Why autopsy was not done to find out her cause of death and related problems so that it can be solved fairly, scientifically and reasonably; 3. The problem of mediation process. Is it reasonable and lawful to mediate privately this kind of effective and important case between hospital and decedent＇s family？ The situation that autopsy is not performed and relative facts are not clear is a key problem which makes it difficult to mediate and try the case of medical disputes involving death. Therefore, an important point which we should learn from ＂Wang Bei＇s Death＂ is the importance and urgency of strengthening death administration and speeding up legislation of autopsy in China.