2006•Dianzi Ke-Ji Daxue xuebao. She-ke banRequires access

On the Victim's Consent in Medical Operation——From View of Criminal Law

Xing Yu Jiang

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Abstract

An efficient consent of a victim in medical operation,which is the justification for hindering criminal responsibility of the doctor who conduct the operation,should conclude five indispensable factors that means the jurisdiction of consent,act ability,real wishes,proper time,consent concord with the law.In some foreign countries,a doctor who conducts an operation without the victim's consent can be indicted by the crime of inflicted injury or others.

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An efficient consent of a victim in medical operation,which is the justification for hindering criminal responsibility of the doctor who conduct the operation,should conclude five indispensable factors that means the jurisdiction of consent,act ability,real wishes,proper time,consent concord with the law.In some foreign countries,a doctor who conducts an operation without the victim's consent can be indicted by the crime of inflicted injury or others.

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Available abstract

An efficient consent of a victim in medical operation,which is the justification for hindering criminal responsibility of the doctor who conduct the operation,should conclude five indispensable factors that means the jurisdiction of consent,act ability,real wishes,proper time,consent concord with the law.In some foreign countries,a doctor who conducts an operation without the victim's consent can be indicted by the crime of inflicted injury or others.

Key concepts: Jurisdiction, Law, Informed consent, Criminal responsibility, Criminal law, Criminal procedure, Psychology, Political science

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