文档介绍：Abstract
Crime of medical malpractice is a newly-added crime in the Criminal Law of our
country taken effected in 1997. The crime is the medical staff in medical activities,
because of serious irresponsibility, resulting in death or serious harm to patients. It
changed the chaos to fix the criminal liability on the crime of medical accident.

The
establishment of the terms of accountability caused by medical malpractice medical
staff provides the legal basis for criminal liability. To some extent increase the
accountability of medical staff, the majority of patients to maintain the legitimate
rights and interests. However, the ambiguity of legislation, resulting in judicial
practice found there medical malpractice differences.
In order to give medical crime in theory and practice of the identified provide
some references for the author by reading the information, under the guidance of the
mentor medical elements of crime, and his distinction between crime and certain
aspects of legislation and made some own ideas.
This article about three thousand words, is divided into introduction, body and
conclusion. The body consists of four parts.
The first part is an overview of medical crimes legislation. Access to information
relevant legal history by the author reviewed the medical-related legislation on behalf
of our past and present changes, and crime in Taiwan and abroad, the relevant
legislation in parative study.
The second part analyses ponent of the crime of medical practice. The
penman analyses in accordance with the theory of four elements that constitute crimes
the criminal object, the objective, the subject of crime, the subjective aspects of the
crime. The controversy of which the larger issues of: recognition for the object of the
crime of medical malpractice is plex object, the main object is the patient's life
and health, the secondary object is the medical management order; that the heavy
irresponsible is a legislative proposal