Criminal Law Evaluation of Arbitrary Medical Behavior in the Context of Victim's Commitment
The victim's commitment is considered to be a cause of prevention from illegality,and the patient's informed consent assumes this role in the medical behavior,blocking the illegality of legitimate medical behavior.However,arbitrary medical behavior is an act of treatment performed under the circumstances of not fulfilling or not fully fulfilling the obligation to inform and not obtaining the effective consent of the patient,and the act is not legal.From the perspective of normative evaluation,arbitrary medical behavior is indeed a legitimate act recognized by the legal order,but from the factual level,arbitrary medical behavior is an intentional act of medical workers'harming the patient's body without his/her consent.The legitimacy and reasonableness of the results of arbitrary medical behavior cannot change the illegality of the nature of their behavior.In fact,medical behavior itself is a normative concept that has been evaluated,and its connotation is treatment behavior with the patient's consent.Medical behavior and arbitrary medical behavior are opposed concepts.
arbitrary medical behaviorcriminal law evaluationinformed consentvictim's commitment
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