Research On The Knotty Problems Of The Crime Of Illegally Practicing Medicine

Regard to illegal medical practice has caused great harm to people's safety and health, the government added illegal medical practice crime to"Penal Code"Article 336, paragraph in 1997. On the one hand, theoretical circles explored some aspects of illegal medical practice but not deep enough and because the legislative language of this crime is much too general, this crime involved in many problems still under theoretical disputes which have not yet reached a consensus. On the other hand, substantive departments'biased understanding of this crime lead to dispute of the conviction and sentencing of specific cases, damaging the legal authority so as to affect identifying the proper handling of crime.In this paper, we adopt comparative analysis and empirical analysis research methods as well as laws and regulations promulgated and implemented by the state to explore various issues in theory application and strive to provide reasonable explanation to difficult problems related to crime of illegal medical practice, so as to provide a basis for substantive departments in that making the charges of the crime more operational and conviction and sentencing accurate.Full-text is divided into three parts:First one is the subject of the crime of. Subject is the most controversial issues in the crime of illegal medical practice. The article first discusses the concept of the crime of illegal medical practice, pointing out that the subject of the crime of illegal medical practice is a person who is not qualified for medical practitioner. Then a more detailed explanation of what is a"not qualified medical practitioner"is made and discussed a few more contentious issues. We believe that: qualified persons who obtained physician certificate but practice beyond the place and type or scope should also be the subject of the crime of illegal medical practice except the approved ones. in a qualified medical institute, the personnel if causing savoir problems should be judged as illegal medical practice subject if he or she practice in an unauthorized individual clinic or work in their spare time. School interns'practice did not constitute illegal medical practice as long as approved by the health authorities and medical institutions or they are under the guidance of the physicians. The unit should also become the subject of the crime of illegal medical practice.Second part is the interpretation of"practice"in the term of illegal medical practice. Objectively, the " practice " is the key to identification. " practice ", that is, medical practices. The author analyzes the characteristics of medical behavior: subjectivity, objectivity, relativity and history, profession and technology, high-risk nature, purpose as well as reference to Chinese and foreign criminal law and get the concept of the medical behavior, which means the medical institutions and medical staff with their medical knowledge, expertise, equipment and drugs and other means to provide medical treatment for the patients or emergency treatment, examination, diagnosis, treatment, care, health care, prevention, maintenance of medical and beauty Patients with life and health, human face or body beautification activities necessary combined. On the concept of"practice", the article first introduced two kinds of meaning and reason of practice believed by the scholars and learnt the interpretation of practice from the Taiwan region of China and foreign scholars."practice"is the perpetrator's repeated, continuing implementation of medical activities.Third, two special problems about the crime of illegal practice. First, victim committed effectiveness. In my opinion, even if the act even if got patients'commitment does not affects the establishment of obstructing crime. And we have explained the reason. Second, the joint illegal practice criminal offense. Mainly expounds a few special cases of common crime the crime of illegal medical practice. we believe that: qualified persons who employ, aid, abet a not qualified medical practitioner, who lend, transfer, sell, "physicians practicing certificate" or " permit to practice medical institution should be punished as an accomplice in the crime of illegal medical practice. Yituo lead patients to illegally medical institutions or the community should be punished as an accomplice. Nurses, handyman staff who know the illegal medical institutions have no practice license and still work for them should also be punished as assist criminal. Relatives and friends who provide facilities or assistance to help the illegal medical practitioners should be punished as a common criminal; if other joint prisoners cause increased existence of the occurrence of fault, the person should also be held criminal responsibility.