On The Crime Of Illegal Medical Practice

The crime of illegal medical practice is a newly added charge in view of the illegal medical practice against the increasingly serious was set in 1997. However, the provision of the law in the course of the application has encountered a lot of problems. Driven by huge profits as a result, the current types of illegal medical practice to be an unprecedented development. In the absence of effective supervision, the illegal medical practice has been the first action of convenience to gradual transformed into the threat of people's health and lives, and the harm to society become more prominent. In view of the serious of illegal medical practice, increase the market for medical supervision, crack down on illegal medical practice act, and protect people's health and lives with without delay, the urgency and importance. However, the vague of this crime result in that the charge because of the lack of operability encountered problems and controversy in the judicial practice. The law explains ambiguous cause that there are large differences in crime or not crime. It not only undermines the authority of the law and disuse the charge but also weaken crackdown on the crime of illegal medical practice and crime indulgence. This thesis has based on the causes of illegal medical practice of the Lianyungang people's procuratorate since 1997.Investigate the illegal practice in the development of the current status quo, analyze illegal medical practice encountered operating difficulties and legal obstacles in the judicial practice and explore the repeated cases of illegal medical practice and difficult to be prosecuted for criminal responsibility of the specific reasons. The article also explore the related concept of the crime of illegal medical practice and analyze constitutes of the crime of illegal medical practice to further clarify this crime in the location of criminal law theory. The purpose of this article through the main scope of this crime, the prosecution standard, causality, forensic identification and sentencing imbalance in analysis of hot and difficult problems, to explore the practical operation of the value of the solution. The crime of illegal medical practice to promote legislation to improve by related to the adoption of legislative proposals. The charge is more practical operability, play a greater role on the battlefield of illegal of medical practice. In order to protect public safety and health and the promotion of healthy development in China Health care.