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医疗事故罪作为业务过失犯罪,在法定刑配置上低于过失致人死亡罪,这与一般业务过失犯罪的处罚规则在体系上不协调。不能将医疗事故罪理解为过失致人死亡罪的封闭特权条款,因为业务犯罪要求从业人员具有更高的准入门槛,外国刑法中也专门将业务上过失致人死亡罪作为过失致人死亡罪的加重罪名加以规制。而且如果将医疗事故罪作为过失致人死亡罪的特别条款,无论从理论上还是司
As a crime of negligence of business, the crime of medical malpractice is less than the negligence cause of death penalty in the allocation of legal penalty, which is inconsistent with the system of punishment rules of criminal negligence in general business. The crime of medical malpractice can not be understood as a closed privilege clause of negligence causing death because business crime requires practitioners to have a higher barrier to entry, and foreign criminal law also specifically commits negligence as a cause of death for negligence Aggravated by the charges to be regulated. And if the crime of medical malpractice as a crime of death caused by special provisions, whether in theory or Division