篇名

醫療糾紛:過失之客觀構成要件階段審查架構   免費試閱

並列篇名

Medical Lawsuit: Objective the Structure of Reviewing Elements of Negligent Crime

作者
中文摘要

醫療疏失行為是否應受刑罰處斷,應按過失犯之構成要件一一檢視。刑法上過失可分為「行為人雖非故意,但按其情節應注意,並能注意,而不注意」之「無認識過失」,以及「行為人對於犯罪之事實,雖預見其能發生而確信其不發生」之「有認識過失」。本文以「無認識過失」之客觀構成要件為主軸,解構社會事實與法律要件之涵攝及判斷之分析面向,究明法律實務對醫療疏失行為之邏輯思維歷程,希望協助讀者有體系化之認識與了解。

英文摘要

It must be reviewed according to the elements of negligent crime, whether a medical negligence could be punished according to Criminal Law. There are in Criminal Law two types for negligence: unforeseen negligence which means “if the actor fails, although not intentionally, to exercise his duty of care that he should and could have exercised in the circumstances,” and foreknowable negligence which means “if the actor is aware that his conduct would, but firmly believes it will not, accomplish the element of an offense.” According to the objective elements negligent crime which are the spindle in this thesis, the facts, the subsumtion of legal elements and its judgment would be analyzed. The legal logic of medical negligence at the legal practice would also be studied. By doing so, it could be systematically introduced.

起訖頁

131-137

出版單位
DOI

10.3966/241553062019040030011  複製DOI  DOI查詢

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