Research On Several Issues Of The Crime Of Unlawfully Practicing Medicine

The thesis does research on several issues of the crime of unlawfully practicing medicine, which includes four parts:Part I: The part discusses the subject of the crime of unlawfully practicing medicine. The author holds that the subject of the crime is special subject. In general, the person with corresponding certificate is considered to obtain the doctor's qualification for medical practice. The person who had obtained the certificate for doctor's qualification can't become the subject of the crime, when they are employed in the medical treatment institution without obtaining license for medical treatment. The person who has applied for the individual practicing medicine can commit the crime of unlawfully practicing medicine, except when they obtained license for medical treatment institution and have practiced for five years in the institution for medical treatment, prevention and health care after registered in the sanitation institution. In addition, the article analyses some special problems of the crime subject.Part II: This part probes into the sin of the crime. After comparing and commenting some representative arguments, the author holds that only the intentional crime can constitute the crime of unlawfully practicing medicine. Moreover, it is direct intention. There's no need to have the purpose of making profit.Part III: This part analyzes the act of the crime. The author thinks that the act has specific features, which include (1) the act is a medical action;(2) the act is a medical profession;(3) the act can't obviate illegal character because of the victim's promise.Part IV: This part demonstrates the circumstances of the crime. The author argues that the circumstances of the crime means details which include the subject of crime, the subjective aspects of crime, and the objective aspects of crime and so on get in touch with criminal act and offender directly during the course of offence. Because of circumstances' ambiguity and abstraction, the author suggests the authorities make legislative and judicative explanation. What's more, this part makes analysis of the meaning of the "seriously injuring patient's health". The author claims that it refers to serious injury only. At last, the author reckons that we should base on the theory of objection incrimination to make juridical reasoning.