论医事过失犯罪的注意义务

犯罪过失的成立,在于行为人没有履行注意义务,造成严重后果。医事犯罪过失承担刑事责任的根据是医事事故避免义务。医事注意能力的判断,应当以一般医事人员并结合行为人的专业技能和个人能力,加以综合衡量。医事注意义务的内容,包括卫生管理法律、行政法规、部门规章和诊疗护理规范、常规赋予的注意义务以及医疗协议等产生的注意义务。判断诊疗护理常规赋予的注意义务,要注意两个问题：一是不能将诊疗护理常规泛化;二是必须将医事水平与诊疗护理常规区别开来。

On the Attentive Liability of Crime of Medical Negligence

Criminal negligence means a serious outcome happening because of a man who does not execute his attentive liability.The evidence of criminal responsibility of negligence of medical crime is based on the liability of preventing medical accident.To judge the ability of medical attention,we should study thoughtfully one＇s professional skills and abilities.The contents of medical attentive liability include the attentive liability of health regulations and rules,administrative statutes,divisional regulations,rules or general orders of treatment,nursing and medical agreement.To judge the attentive liability of general orders of treatment and nursing,we cannot enlarge the applied extension of general orders of treatment and nursing and distinguish medical level and general orders of treatment and nursing.