Research On The Subjective Of The Crime Of Illegal Medical Practice Trouble

Nowadays there is a big controversy about how to define the criminal main body of crime of illegal practice which is added to Criminal Law Article 336, paragraph in 1997 because the Act stipulates it in a too simple and general way. The different options about understanding of the crime of the main body among academic researches make it difficult for substantive departments of justice to affect identifying the proper handling of crimes. The total text analyzes the criminal main body of crime of illegal practice and discuss the difficult problems in the judicial practice, then gives some advices on how to improve the theory of unit crime. This article is divided into two parts, a total of about 31,000 words. Its main contents are as follows:The first part mainly describes how to identify the criminal main body of crime of illegal practice. This article first set out the academic and practice through the illegal practice of medicine as defined in the meaning of the main body of the crime of "Criminal Law" Section 336 of the Illegal Practice of Medicine in the "failed to get qualification for practicing medicine man" is analyzed, pointing out that in the criminal main body of crime of illegal practice, "not to obtain qualification for practicing "is not the same as not obtaining qualified medical practitioner, but medical practitioners eligible for unity with the doctors qualifications. Only if it has the qualification and certificate, it is achieved" qualified medical practitioners. "This article also discussed the difference between the qualifications of practicing doctors and qualification of medical practitioners, and pointed out that the qualification of medical practitioners is a statutory condition of the application rather than partition. Application conditions are not the same as practice conditions. A person with the former shows that the behavior of people with a request to the medical institutions in the medical, prevention, health care business conditions, or have the application to the administrative department of health conditions, personal health care institutions, but not immediately in the medical, prevention, health care services or to practice medicine; with the practicing conditions, the perpetrator has been a legitimate medical institutions and has set up a personal employment or medical institutions legitimately in the medical, prevention, health care business or medicine practice. In addition, the availability of medical institution, does not affect whether the perpetrator to obtain qualification for practicing. Finally, the author pointed out that in practice, how to determine whether the perpetrator has been made "medical qualification" should distinguish between different actors, different periods, according to different laws and regulations or departmental rules, to determine whether the perpetrator has "the doctor qualification."The second part, the paper focuses mainly concentrated in a few crime and the illegal practice of the main issues related to. The first is the first topic, the author is subject of the crime of illegal medical practice general discussion of the principal or the special subject, the subject of this crime that the crime of illegal medical practice as the main offenders for the special subject, namely, practicing physicians without obtaining qualified personnel. In the second thematic part of the practicing physician has been made for qualified personnel, not in accordance with the registered place of practice, practice type, practice scope of practice, can become the subject of this crime. Third, the fourth topic, the author collective qualifications in a medical institution engaged in medical services personnel, engaging in individual practice, and constitute the main body of this crime? And doctors in medical institutions other than the other health professionals such as nurses, pharmacists, and laboratory personnel can become the main subject of the crime of illegal medical practice a bit to discuss two issues. In the final part of a topic, the author of crime under criminal law in the theory on the unit, focused on the illegal practice for the unit can constitute the main body of the crime problem. I believe that, in the framework of our present criminal law, there is no crime of illegal medical practice to become the main unit of the possibility. But for the frequent appearance of the community involved in acts of illegal medical practice units, legislation will indeed need to consider the main unit into the main body of the crime of illegal practice, which is fine because of its nature can be determined. I have accordingly called for the improvement of legislation by the units into the main body section 336 of the Penal Code being. In order to better protect the health of a normal order and the effective treatment of the person to maintain health and safety rights.