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在涉及刑事犯罪的案件中,警方尽早介入并利用其自身专业技能进行侦查对于案件的早日侦破具有举足轻重的作用。但在法律实践中,有许多案件因为没有及时报警,致使被害者遭受了不应有的损失,同时也会放纵犯罪分子的犯罪行为,加大了其给社会带来的危害性。医疗机构为社会特殊主体,明确其在诊疗过程中对于原因不明伤害或死亡患者是否具有报警义务对于减少医疗纠纷、减轻患者损失、降低社会危险性具有重要意义。在目前我国立法尚未对报警义务的主体加以普遍规定的情形下,本文立足于法律所保护和追求的社会利益,在现行立法的基础上对医疗机构是否具有报警义务进行了分析。
In cases involving criminal offenses, the early involvement of the police and the use of their own professional skills in conducting investigations are of decisive importance in the early detection of cases. However, in the legal practice, many cases because they did not call the police in a timely manner, resulting in the victim suffered undue losses, but also to indulge criminal activities of criminals, increasing its harm to the community. Medical institutions are the special subjects of society. It is of great significance to clarify whether they have the obligation of police to notify patients of unexplained injuries or death during medical treatment and treatment for the purpose of reducing medical disputes, reducing patient losses and reducing social risks. Under the situation that the legislation of our country has not generally stipulated the main body of the alarm obligation at present, based on the social interests protected and pursued by the law, this article analyzes whether the medical institution has the obligation to report on the basis of the current legislation.