完善我国医疗事故罪的相关探讨——基于中国裁判文书网判例和李建雪案分析

Discussion on the Improvement of the Crime of Medical Accident in China:Based on the Analysis of the Cases of China Judgments Online and Jianxue Li Case

通过对中国裁判文书网查询的1997年-2015年医疗事故罪判例以及国内外司法适用现状进行分析，可知，医疗纠纷解决途径多元化，医疗事故罪与非罪的界限难以把握，是医疗事故罪适用率低的原因之一。以李建雪案为例进行分析，得出多因一果以及对“严重不负责任”行为的认定影响医疗过失的认定。由此可知，我国医疗事故罪立法上存在缺陷，需要增设罚金刑作为附加刑，出台司法解释对“严重不负责任”进一步认定，对我国医疗事故罪进行立法上的修订和完善提出对策。

Through analysis of the cases of the crime of medical accident from 1997 to 2015 in China judgments online and judicial application status at home and abroad, this study found the reasons for the low rate of medical accident crime were the various medical dispute solutions and the difficulties in clarifying the boundaries between crime and non crime of medical accidents. By taking Jianxue Li case as an example, the authors claimed that the identification of the actions of many reasons On cause and ＂serious irresponsible behavior＂ had great impact on the identification of medical negligence. Therefore, defects in legislation on the crime of medical accident in China need to add the fine punishment as a supplementary punishment. Also, the judicial interpretation should be introduced to further identify ＂serious irresponsible behavior＂. Countermeasures for revising and improving the legislation of medical accident crime in China were put forward.