The Related Problems Of The Crime Of Illegal Medical Practice Research

The crime of illegal medical practice is a fresh crime set up in first paragraph of article 336 of criminal law 1997. Because of the defects of legislation and the lack of judicial interpretation, lead to the crimes occurred many disputes and differdnces in the judicial practice.In this paper,the author integrated use of criminal law theory,connected with the promulgated laws and regulations,stated the concept of the crime of illegal medical practice and its related problems more comprehensive,and put forword thinking and conception of legislative proposals of the forcing legal issues to be addressed in the judicial practice.The full article is divided into following three parts:Chapter I:The summary of the crime of illegal practice of medicine. This part is the summary,including the concept of the crime of illegally practicing medicine, legislative history and value.This article discusses the concepts of "the illegal practice of medicine" and "the crime of illegal practice of medicine". And it expounds the course of attack the phenomenon of illegal medical practice from the administrative rules and regulations to the evolution of crime legislation.Finally,it discusses the value of the current criminal law created this crime.Chapter II:The related problems of the crime of illegal medical practice research.This article analyzes scholars'academic views of illegal medical practice from three aspects of crime constitution, unfinished form and common crime,the author raises and demonstrates her view.This article holds that the crime's object is complex object, including the public health management order and public's right to life and health.In the part of objective,the author analyzes the "serious" and lists the "serious"situation,and the author discusses the causal relationship in-depth. Subject is one of the most controversial questions in the crime.In the part,the author discusses the meaning of the "qualified medical practitioners", who acquire the Doctor Licensing.The author hold a positive view that unit can become the subject of this crime, which is indeed the lack of legislation for not including it.In addition,the author details that she agree with attempted crime and aborted crime are exist in the crime of illegal medical practice. The author discusses the common crime of the crime of illegal medical practice finally.Its subject not any includes the unqualified people,but includes others qualified.Then it discusses the common crime of the aggregated consequential offense of this ctime.Chapter III:The proposals of legislation on the crime of illegal medical practice. The author figures out the lack of criminal legislation from the circumstances and the scope of the subject and the penalties of the crime of illegal medical practice.The author put forward legislative proposals based on the legislative contrast at home and abroad.Then she pointed out that it should clear the criminal circumstances and the scope of the subject of the crime of illegal medical practice , increase the provision of unit crime,reduce the penalties set of this crime, to prevent the crime expansion and the arbitrary judicial discretion.