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Research On The Subjective Of The Crime Of Illegal Medical Practice

Posted on:2012-12-23Degree:MasterType:Thesis
Country:ChinaCandidate:T T WuFull Text:PDF
GTID:2216330341951287Subject:Law
Abstract/Summary:PDF Full Text Request
The subjective of illegal medical practice in criminal law was defined as"the people without the qualification of medical practice", which is the most controversial problem in the theory and judical practice. To exactly comprehended that, first we must elucidate the difference between the medical practicing certificate and the qualification of medical practice. The former concept is the gateway exam, and the ability and qualification to be a doctor. But later concept is administrative permission before the medical practicing. Especially,"without the qualification of medical practice"is not essentially to confine the subjective of criminal, even though the people with medical practicing certificate also have the possible to commit the illegal medical practice, for example to exceed the practicing locality, the practicing classification and the practicing confine. Inversely, the rural- doctor without medical practicing certificate also can pursuit the legal medical practicing after medical administrative permission. In addition, the clinical practice of the intern which under the instruction of practicing doctor can not be defined as illegal medical practice, except that practice severely violate the law. As the main strike target of illegal medical practice, the institute of medical cosmetics has been strictly defined the qualification and responsibility, so the illegal medical cosmetics is belonged the illegal medical criminal. Because of the unreasonable definition of the subjective in"people without the qualification of medical practice", the criminal law is essential to improve the clause of illegal medical practice. Defining the crime of illegal medical practice by illegal behavior, instead of weather or not have the medical practicing certificate. Otherwise, unit illegal medical practice is generally exist in our life. thus, there is essential to add the clause for unit crime of illegal medical practice through adjusted proposal of criminal law.
Keywords/Search Tags:illegal medical practices, the subjective, accomplice, unit crime
PDF Full Text Request
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