The Research of the Relationship in Criminal Law between Medical Treatment and Negligent Act

• Main Authors: YANG-KAI WENG, 翁暘凱
• Other Authors: TIAN-GUI GAN
• Format: Others
• Language: zh-TW
• Published: 2010
• Online Access: http://ndltd.ncl.edu.tw/handle/13908626838343115604

碩士 === 國立臺北大學 === 法律學系一般生組 === 98 === The research of the relationship in criminal law between medical treatment and negligent act started with defining the notion of medical treat, then the meaning of medical negligence, both the positive and the negative perspectives of the decriminalization subject, every possible ways of decriminalization and the final conclusion. According to the ever-changing medical technology, the definition of medical treatment should not be inflexible. It is necessary to add a general term to the current definition of medical treatment. Without determining it, the discussion of decriminalization would be worthless. There is no essential difference between medical negligence and criminal negligence. Only after consulting the medical law to find out the specific medical obligation scope, it is able to judge whether one has medical negligence or not. The discussion of decriminalization of medical negligence mainly focuses on the introduction of the concept of distinguishing different levels of negligence. However, it not only ruins the current criminal negligence theory in Taiwan but also violates the principle of equality. Every industry has its own risk. If the criminal law makes concessions on medical treatment, people will lose their trust for legal fairness. Perhaps other professions would ask for the same treat, the criminal law becomes the tool for their own interests. Thus, the negligent act in medical malpractice should not be in the decriminalization.