从刑法理论看医疗行为的正当性根据

Justifiability of Medical Treatment base on the Criminal law Theory

医疗行为从表面看似乎给人体造成一定伤害 ,但其主观目的在于治病救人 ,客观上有利于患者和社会 ,因此具有正当性。但医疗行为的正当性具有严格的条件限制。本文根据允许的危险、受害人承诺、义务冲突等刑法理论 ,对医疗行为的正当性根据作了进一步探讨。

Medical treatment seem to injury human body, however, the subjective aim of medical treatment is to cure the disease to save patient, objectively in favor of both patient and society. Therefore medical treatment has justifiability in law. But the justifiability of medical treatment has been limit in strict condition. According to the criminal law theory such as allowable danger, the victim's consent and duty conflict ect, this article have made further discussion about the justifiability of medical treatment.