医疗事故罪法律问题的司法认定

Judicial Determination of Legal Problems of Medical Accident Crime

近年来,有关医疗事故罪的案件层出不穷,引发了社会广泛的关注。而认定本罪的重点在于其中三个方面要素的司法认定,即"严重不负责任""严重损害就诊人身体健康"以及这两个要素之间的因果关系的认定,学界对这三个要素的讨论和认定亦存在多种疑问和讨论。本文从这三个方面着手,具体分析每个要素在司法实践中的认定标准。

In recent years, there have been a lot of cases related to the crime of medical accidents, which has aroused wide concern of the society. And the key to determine this crime lies in the judicial determination of three elements,the identification of ＂severe irresponsibility＂, ＂severe harm to the health of the patient＂ and the causal relationship between these two factors. There are also many questions and discussions about the discussion and identifcation of these three elements. This article starts from these three aspects, analyzes each element in the judicial practice in the concrete determination standard.