依循刑法的谦抑性原理，罪过形式的确定，不能以其他法领域规定的过错形式为标准。
Following the theory of limitation on applying criminal law, the ascertainment of the form of mens tea can not take the standards of fault forms prescribed in other areas of law.
此外，鉴于医疗活动的风险性和刑法的谦抑性，本罪定名为重大医疗事故罪较为适宜。
Moreover, considering the venture of medical treatment and the contraction of the criminal law, the accusation is confirmed Crime of Major medical Accident is suitable.
把单位作为交通肇事罪的主体，既不符合刑法的谦抑性原理，又会使刑罚处罚主体造成混乱。
If the unit was considered as subjects of crimes of traffic accident, it was not consistent with the principle of restraint and would bring a chaos into the punishment of the criminal crime.
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