A Study On The Crime Of Illegal Practice Of Medicine

The crime of illegal practice of medicine is a new crime stipulated by China's 1997 Criminal Code section 336, paragraph 1. because of lack of theoretical research and the lack of judicial interpretation, the result of the crimes occurred in the judicial practice of a lot of controversy. In this paper, the integrated use of criminal law theory, in close connection with the relevant medical regulations, and medical knowledge, more comprehensive exposition of the concept of the crime of illegally practicing medicine, constitute a crime and related theoretical questions, and illegal practice of medicine, such as application of the Crime of difficult issues were analyzed. The article is divided into four chapters, including more than 30,000 words.Chapter I, the summary of the crime of illegal practice of medicine. This part of the general, including the concept of the crime of illegally practicing medicine, History, Chinese and foreign legislation compared with the crime and illegal practice in criminal law, criminal law related to the positioning of the issue. In criminal law theory, the illegal practice a variety of criminal offenses can be classified categories, most of the provisions of national crime of illegal practice that is illegal practice statutory crime committed, the crime has a dual attributes. The illegal practice is different from legitimate medical treatment, it is not a crime it negates the unlawfulness of the subject; At the same time, crimes against illegal practice law is the main benefit of the commitments can not be ruled out illegal practice harmful to society.Chapter II, the construction of the crime of illegal practice of medicine. The object of this crime is a complex object, the object of which is the state's major medical institutions and medical practitioners management order, a secondary object is not specific or the majority of people's health and life safety, or public health. The objective of this crime, the article focused on"medical","illegal practice"was defined, and crimes against illegal practice results in the crime and the illegal practice conducted in-depth causal relationship discussed. The main body of this crime, I believe that his main crime for special subject has been made doctors qualified person is not"Criminal Law"Section 336 of the first paragraph of the scope. Therefore determining the "lack of qualified doctors," that this crime is the key. This unit should be incorporated into the main criminal offense. On the subjective aspects of this crime, the author believes that this crime is a deliberate crime, and the perpetrator is more than the increase results for fault, but it does not rule out the possibility of indirect intentional.The third chapter briefly discusses the common crime of the crime of illegal practice of medicine. The author believes that a doctor qualified people, knowing that the end is achieved doctors qualified person employed, together with, aiding, abetting his practice, in serious cases, constitute illegal practice with the help of the crime committed or abettor. At the same time, crime in the illegal practice should be the common committing Consequential Aggravated Criminal sure, the increase of per capita results should assume responsibility. Chapter IV, a simple explanation of judicial application on the crime of illegal practice of medicine.