Research On The Subjective Of The Crime Of Illegally Practicing Medicine

The crime of illegally practicing medicine is a new crime in Criminal Law of 1997. Since the establishment of the crime of illegally practicing medicine, it has played a positive role in preventing and combating to medical practice in the illegal practice. However, as the law item is too simple, it had serious differences understanding of the subjective of the crime. It not only brings challenges to China's judicial departments to applicant the law correctly, but also brings negative impact on preventing and combating the crime of illegal practice by the effectiveness on China's criminal law. In such circumstances, the research of the range of the subjective of the crime of illegally practicing medicine is our important mission. This thesis wills analysis the subjective of the crime of illegally practicing medicine. Then, based on the comparative analysis of the crime of illegally practicing medicine, the writer will provide some valuable suggestions of legislations to the crime.In This thesis, the ways of comparative analysis and empirical analysis are widely used. Through them, the writer will provide comprehensive study on the related legal issues about the subjective of illegal practicing medicine crime. This thesis is divided into three parts:In Part I, the writer explain the scope of the subjective of the crime of illegally practicing medicine. The author points out that,"the doctors'qualification for medicine practice"is the unification of"the qualified of doctors"and"the qualified of practice". Both of them should be had in order to practice activities.In Partâ…¡, the writer analysis's seven kinds subjective of the crime of illegally practicing medicine as following: the men who have the doctors qualification for medicine practice ; the subjective qualifications of the country doctor; the men who have no doctor qualification for medicine practice; the subjective qualification problem who has received the certificate of medical institutions; the subjective qualification of the technical in medical institutions; the subjective qualification of the interns; common crime problem.In Partâ…¢, the writer analysis's two special questions: Whether the subjective of the crime is special or general? Whether the unit can be the subjective of the crime? A growing number of units' illegal practice has emerged in our society, brings great damage to our medical order and people's health safety. So, it is imperative and needed that units should be included in the subjective of the crime of illegally practicing medicine.