When makes the convention gynecological examination a Guangdong Province Nahai Miss Hu to a local hospital, because doctor contrary operation, punctures his/her hymen. Miss Hu and the guardian are indignant, to the medicinal prescription proposed that compensates 50,000 Yuan requests. But the medicinal prescription did not acknowledge that this is the incident of malpractice, the indemnity refused. (according to August 13 “Yangcheng Evening News”)
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??The author understands Miss Hu and guardian’s mood. But on the law enforcement or the administration, the Department concerned actually should not support to Miss Hu’s request. The primary cause has two: First, whether to constitute the incident of malpractice, the decisive factor should be to patient’s health whether to constitute the injury. , The hymen is without a doubt complete or not, has not related with person’s health. Said that punctures the hymen is the incident of malpractice, could not find the laws and regulations basis; Second, progresses the angle which from the culture, changes existing habits and customs saying that the law enforcement or the Administrative department should not support the reclamation. Miss the reason that Hu and the guardian look for the hospital theory, mainly stems from the psychological aspect reason. Miss Hu said that she has not discussed the boyfriend, in the future did not know how opposite party will look at her, own pure certainly will receive affects ……The pressure is very now big, has “is raped” by the human the feeling. Very obviously, this is “the hymen complex” is having an effect.
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??“the hymen complex” is truly in China traditional culture an unusual psychological phenomenon, it is “pure” symbol, “chastity” the pronoun, is regarded as by many unmarried females “the second life”, even must be more important than the life. Through the ages, did not know had how many females because to lose “the chastity” merely, but “went to generously dies”, thus caused China “the heroically chaste announcement” on to write all over the ghost name. Although penetrates eastward along with the westerly wind, China traditional culture is under the huge impact, but in many person minds, “hymen complex” still ingrained. Not only that “the hymen” even becomes the basis which the law enforcement determines guilt. For instance, succession several “the maiden patronizing prostitutes document”, “the maiden has been a prostitute in recent years the document”, finally unexpectedly was “proves” purely depending on the hymen talent.
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??The hymen should not the load bearing so serious morals load, not be supposed the load bearing to impose in its legal burden. It complete or not, with “the chastity”, “degenerates”, “illegal” between does not have the positive connection and the causal relation certainly. Wants about face above all sorts humanity not to gather the legal principle theory of law the traditional value idea, must desalinate until eliminates “the hymen complex” completely. But changes this aspect the backward idea, on the one hand must depend upon social the progress, the national civilized degree enhancement and the cultural exchange, on the other hand, the government should also shoulder the guidance and the promotion responsibility. Punctured the hymen event on this, if the Government department has supported Miss Hu and guardian’s request, in fact has maintained to the hymen the worship, did not favor the construction advanced culture.
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??Certainly, the Government department does not punish by “the incident of malpractice”, does not mean the medicinal prescription not in the least responsibility, also does not mean that the public opinion should not give to criticize. Since the hospital also acknowledged that doctor violates the working instruction and the operate miss, then the hospital should contrary and carries on processing irresponsibly to this doctor, simultaneously considered Miss Hu spiritually truly has received certain injury (, although this is stems from backwardness idea), should give certain economy to it “the compensation” (, but is not “compensation”), thus achieves forgiveness the goal. As public opinion, should also carry on the condemnation irresponsibly to the medicinal prescription, gives in morality and justice to Miss Hu the support. But the public opinion criticizes, only should be doctor the irresponsible work, but is not aims at “punctures the hymen” this concrete behavior; The public opinion maintains, also only should be the patient proper right, but is not the hymen itself.
Apr
01
By: Gelais
