Research On The Crime Of Illegal Medical Practice

The combination of penal code with accessory criminal law is the measure taken by China for criminal legislation of crime of illegal medical practice. The advantage of this method is to effectively connect penal code with accessory criminal law, which is more beneficial to illegal medical practice.The infringement target of the crime of illegal medical practice is complicated object. There in to, main object is the management order of the country to medical staff, minor object is the right of life and death of patient. From the objective point of view, actors must live on medical service. The key for illegal medical practice upgrades from administrative illegal activity to criminal offense is gravity of circumstances, circumstances of adjudgement of the crime should be limited to behavior-objective aspect and actor-objective aspect; the subject of crime of illegal medical practice is special subject, the identity of which is negative status. The one who wants to obtain the qualification for practicing medicine must pass licensed doctor's qualification test and make registration in health administration to acquire certificate to medical practice. Whether the medical institution where the doctor works gets the medical institution license or not has no effect on the crime's establishment. The form of the basic crime for the crime is the intended, including direct intention and indirect intention, the offense form of aggravated consequential offense is indirect intention and negligent offense.We should take criminal severe injury standard for the determination of serious damage on person seeking medical service; On the condition that illegal medical practice is not the only reason leading to victim's death, we should comprehensively analyze if every kind of intervening factor's abnormalism has impact on basic criminal offense and aggravates the consequence regularly, make correct penalty measurement to actors according to criminal causality; if one or several persons'negligent act give rise to aggravated consequences, criminal responsibility determination for others depends on if they have negligence on aggravated consequences. If the answer is yes, they should take responsibility to it. Or else, take basic criminal responsibility.In china, the legislation of crime of illegal medical practice has certain defects, we could make it better from both crime indictment and statutory sentence. On criminal indictment aspect, to expand the scope of subject, to define medical practice by the name of medical staff, to cancel the limitation to"illegal"in criminal indictment; On statutory sentence aspect, to lower down range of punishment against freedom to illegal medical practice, tp make accurate stipulations to fine amount of time of ration fine system.