The Research Of Application Of Law On The Crime Of Illegal Practive Of Medicine

With the continuous progress of medical and health system, the gradual liberalization of China's medical market, a variety of health form began to emerge, one hand, a variety of medical institutions, making the growing vitality of the market which also met the growing demand for health services in a way and improved people's quality of life. However, on the other hand, relevant laws and regulations have not been perfect, coupled with the system and part of the health sector lack of supervision, and a few medical institutions and individuals for the pursuit of profit and set the expense of the patient's life and health rights, illegal treatment, illegal medical practice have greatly harmed the normal order and public health safety.Though the relevant departments have made the appropriate policy and carried out special activities to combat the illegal practice of medicine and has achieved initial results, however, acts of illegal medical practice still exist, and are rampant.In view of this, to be from the administrative, criminal and civil point of view, the illegal practice of medicine in practice, the law applicable to issues will be discussed to improve the relevant system, laws and regulations, hoping to provide recommendations to curb the phenomenon of illegal medical practice. paper is divided into four parts.It described the illegal practice of administrative law in the application of the law firstly. By describing the business of medical practice and medical concepts, it analyzed the meaning of illegal medical practice, components, and the performance of the illegal practice of administrative law, the harm and the administrative responsibility.Second, it is the discussion in the Criminal Code the crime of illegal medical practice of Law, including the concept, characteristics, components, and other difficult Problems. For describing the relevant problem, it disputed with the case of Beijing University Hospital for analysis. Finally, it is the definition between the administrative law and the criminal offenses. Again, it is about illegal practice of application of civil laws. The composition includes some elements from the tort, responsibility principle, the burden of proof, and tort damages for other aspects of the law.Finally, facing the problem about the application of law against the illegal practice of medicine, it put forward corresponding legislative measures, and other integrated control measures.