| This thesis synthetically uses the law science theory, research approach of adopting comparative analysis and real example to analyze, have probed into the legal question about respect of illegally practicing medicine more comprehensive.Firstly, this thesis discuss the crime form of illegally practicing medicine crime, including some questions of object, objective respect, subject, subjective respect .The subject and relevant problems of illegally practicing medicine crime, having more dispute and problems, are explained emphatically among them. Some scholars take the object of illegally practicing medicine as a simple object, which is the order of medical administration. The author looks it as a complicate one, which is the order of medical administration and the rights concerning citizen's life and health. As the subject, the author explores thoroughly issues such as: whether the subject is a general subject or special one, whether legal person would be the subject of illegally practicing medicine, and other trivial disputes.Secondly, on judicial practice, some crime that usually meet such as malpractice crime, the crime of utilizing superstition and causing people death etc., have approximating characters with illegally practicing medicine crime on criminal offence, relatively starting with from constitutive elements of crime, has explained to how to distinguish.Moreover, one of important and special problems of illegally practicing medicine crime is promise of the injured party.Finally, the measurements about the aggravating results of illegally practicing medicine crime have many questions to be discussed. The author's opinion is: death caused by illegally practicing medicine should be depriving one's life by illegally practicing medicine, that means illegally practicing medicine is the decisive factor tothe death. If that view is not accepted, the author thinks: from the constraining principle in Penalty, the defendant should be paneled for damaging the victim's body health . |
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