Several Legal Issus On The Crime Of Illegal Practice Of Medicine

Illegal medical practice is a new crime in China's 1997 Criminal Law. As we all know that medical practice is full of risk and needs much expertise, it affects people's health and life in many ways. Therefore, our government has provided strict examination systems to verify the qualification of medical practitioners. Only those who have passed the examination and legally registered under law are authorized to practice.Before 97 Criminal Law, the actors who caused serious consequence in illegal medical practice, such as the death of the victim, were sued by manslaughter, mayhem, negligence death and negligence injury. After 97 Criminal Law comes into effect, the law has explicitly provided foundation to punish illegal medical practice criminally. In combination with the administrative sanction, the law has largely reorganized the health market. However, illegal medical practice is a new crime, therefore, it is inevitable that there are some controversies and disputes in legal practice. Based on the concept and the legal attribute of illegal medical practice in China ,this paper researches the aspects in great disputes such as the actus reus, subject, joint crime and so on. Reference in China and Taiwan foreign legislation in our country.Analysis the crime of illegal medical practice legal punishment set too high. Finally puts forward the suggestions of this crime.