On Legislative Improvement Of The Crime Of Illegal Medical Practice

Although the establishment of the crime of illegal medical practice in the Crime Code of 1997 has played a role in fighting against and preventing the acts of unlawful medical pratice, it also caused many controversies in academia and there are many standards during the judicial pratice as well. "Supreme People's Court on the trial of criminal cases of illegal medical practice a number of issues specific interpretation of application of the law" which is issued on April 29,2008 provides some criteria for the crime of illegal medical practice. Even so, the author in 2008 with Zhou Moumou for the illegal practice, the recognition of differences, there does not constitute an offense that not filing a criminal offender was sentenced to seven years of poor results. This paper used comparative analysis, empirical analysis and other methods.This paper according in the illegal medical practice at home and abroad on the subject of the crime, the objective aspect of the legislation and theory, discussed completely a number of legal issues about the crime of illegal medical practice, then on this basis put forward on some suggestions on the perfection of legislation with the crime of illegal medical practice.First author with the handling of cases of illegal medical practice had a few different thinkings about the crime of illegal medical practice. First, how to identify the main body of the crime of "practicing medicine without a qualified person"?Second, more than doctors practicing in rural locations, the scope of practice can constitute the crime of illegal medical practice?Third, the qualification has been made a doctor who could constitute the crime of complicity in the illegal practice of medicine?Fourth, behavior and practice against a causal relationship between the results of how to define?Fifth, if serious damage to health of patients or deaths caused by treatment are included in the crime of illegal medical practice crime required the general structure of the "serious" cases? Real Case and justice around the five questions, the author first introduced the crime of illegal medical practice at home and abroad Legislative model. Then analyzed comparatively the main aspects of the crime of illegal medical practice and theory of legislative provisions. That the subject of this crime is a special subject.Although physicians or physician assistants eligible to obtain, but no doctors who practice license is included in "practicing medicine without a qualified person" within the scope.Who obtained qualification for practicing beyond the licensing requirements to practice location, type or scope of practice, and doctors in medical institutions other than the other health professionals, have the qualification of village doctors who practice outside the village to carry out activities of the so could constitute the main body of the crime of illegal medical practice.People with medical qualifications to become an accomplice in the crime of illegal medical practice.Units can become the main body of the crime of illegal medical practice. Meantime, on the basis of the theoretical studies of the legislative provisions of both foreign and Taiwan for the main body of illegal medical practice crime, we think their provisions of illegal practice crime are worth learning on the conviction of this crime. Furthermore, comparative analysis of the illegal practice of medicine, the objective aspect of crime legislation and theoretical study on the illegal practice, illegal practice of "medicine", practice the "medical", "illegal medical practices, the circumstances are serious," "serious damage to health of patients and cause doctor death "and the illegal practice committed relationship with the victim were made by a comparative study of criminal law that foreign and Taiwan-style medical practices provisions of the definition of methods we can learn from. Comparative analysis of the final punishment of illegal medical practice crime and theoretical studies of the legislative provisions, that the illegal practice of setting the penalty of sin there is more than approximately Zuiming penalty as the most important, there is more of a fruit because of conviction and sentencing disparities when problems on the illegal practice of foreign and Taiwan penalty for the crime set worth learning style. Finally, on the basis of comparative and empirical analysis, the author put forward a sound proposal on the legislation of illegal medical practice crime.Firstly, the scope of the main crime of illegal medical practice should be identified and expanded.Recommended to first learn the provisions of the Lawyers Law, the Medical Practitioners modify specific physician practitioner qualification examinations and the meaning of Penal Code 336 clear of "qualified medical practitioner" means a qualified medical practitioner qualification combined with the physician; followed will be the subject of this crime to be expanded to also include units of the main body of the scope of the crime of illegal medical practice. Secondly, the objective of this crime should be clearly specificated and identified..Proposed legislation of the first reference to Taiwan, the use of defined-type interpretation, in separate regulations in the clear "medicine" includes; The second will run out of medical institutions outside the medical practice;once again a clear causal relationship between aggravating circumstances; final recommended standards seriously injured to define "serious harm to health of patients." Thirdly, the sentencing offense level of illegal medical practice should be optimized.