Functional Alienation of Medical Malpractice Crime and Its Correction
Empirical analysis shows that the occurrence of medical malpractice crimes is concentrated in areas with insufficient medical resources and among populations with lower medical standards.Additionally,the influence of compensation factors in sentencing is disproportionately high.This shows that the function of the crime of medical malpractice has been dissimilated to a certain extent,and the governance of criminal law,which was supposed to protect legal interests and guarantee human rights,has exacerbated social injustice.The reasons for this alienation include problems within the judicial system and issues related to uneven distribution of medical resources,difficulties in the transformation of rural doctors,and other systemic problems within the healthcare system.In this regard,systematic governance is needed.Through functional interpretation within the criminal law,coordinated governance within the legal system,and institutional improvement of rural medical care,the correction of the alienation of medical malpractice crimes can be achieved,and the governance of medical negligence can be further improved.
万方数据
维普
