英文摘要
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After the revolution in 1911, the Chinese political system had changed from a monarchy to a democratic republic. Hence, legal norms also changed, from an integration of all laws to a separation of laws into six types. The concept of criminal law, derived from modern civil law countries, had gradually been established in traditional Chinese society. As a result, the criminal norms on medical treatments had become more and more complete. In the process of revising criminal norms from the Qing dynasty to the early years of R.O.C., "quake physician homicide" turned into "homicide from malpractice of medical treatment" and "bodily harm by malperformance of practice." In addition, "the offence of abortion" , "offence of forging instrument and seal" , "offence against privacy" and others were added. Although the legal liability involved in medical affairs can be divided into criminal, civil and administrative responsibilities, the disputes between the physician and patients often centered on criminal issues. This article focuses on the laws surrounding criminal liability in medical treatment in the early years of the R.OC. from the perspective of medical practitioners. This study also explores the application of criminal law provisions and actual cases in judicial practice, as well as how the methods and standards of medical criminal liability were determined within the contemporary legal system. The research results show that the practitioners were plagued with uncertainty regarding evidence and the facts to be proved rather than by the ambiguity of the concept of business negligence in criminal law.
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