On The Crime Of Illegal Medical Practice

The crime of illegally practicing medicine is a new kind of crimewas set in 1997. It is well known, the medical profession has the verystrong specialized technology and danger, which is closely related withhumanity's health and safety, therefore the country stipulates the strictexamining system, and only who had gone through the inspection andwas registered according to the legal procedure could be permitted formedical practice. The crime of illegally practicing medicine, which wasdetermined before 1997, is generally determined by intentionally murdercrime, intentionally injures crime, sending people to death indirectintentionally crime and causing people wound indirect intentionallycrime. After the new criminal law revision, many issues occur in themarket profession and are urgent to be solved.This article does research on several disputed issues of the crime ofillegally practicing medicine, which includes four parts:First part is a general description about the crime of illegallypracticing medicine, and mainly introduces the concept of the crime ofillegally practicing medicine, the crime legislation survey at home andabroad. Through the exhaustive analysis about this crime conceptviewpoint of educational world, the author will approve of definition ofthe crime of illegally practicing medicine will be: has not obtained thedoctor's qualification for medical practice, illegally practicing medicine,serious-circumstances behavior.The second part discusses the subject of the crime of illegallypracticing medicine. This article believes that the subject of the crime ofillegally practicing medicine is the special subject who is a person whichhas not obtained the doctor's qualification for medical practice. Thispart elaborates the scope of the doctor's qualification for medicalpractice in detail, and analyses several much disputed questions aboutthe subject of the crime of illegally practicing medicine.The third part probes into the crime subjective aspect. Theeducational world and the judicial World dispute quite a lot to the crimesubjective aspect of the crime of illegally practicing medicine, the mainreason of which does lie in that there is no difference of the basic crimesubjective aspect and the aggravated-effort subjective aspect. Thisarticle will describe the crime subjective aspect in two parts: one part is the crime basic crime subjective aspect which is intentionally withoutmoney goal, and the other part is the aggravated-effort subjective aspectwhich is indirect intentionally.The last part is about the objective aspect of the crime of illegallypracticing medicine, which mainly elaborated the relative issues of theillegal medicine practice and the circumstances of the crime. The authorbelieved that, illegally practicing medicine refers to that who has notobtained the doctor's qualification for medical practice arbitrarily carriesout medical practices and this service cannot turn legal because ofvictim's pledge; the circumstances must be implements in the crimeprocess and have direct relation with the objective aspect, subjectiveaspect, the subject and so on; we should take the severely woundedstandard in the criminal law to recognize the aggravated-effort—seriousharm to the health of the patience.