Research Of The Illegal Medical Practice Crime

The crime of illegal medical practice <<criminal>> the newly created section 336 offense. However, the offense is set up comprehensive health legislation should be the premise, promulgated 97 years of criminal law related to health regulations are not perfect, resulting in the inappropriate expansion of the scope of the main body of the crime, the illegal practice of medicine is difficult to judge the results of behavior and the causal link between impaired relations. This crack down on the crime, to protect human health and treatment is extremely detrimental to safety.In this paper, empirical analysis, comparative analysis, research methods, to Beijing in early 2002 in the case of an illegal practice as the basis for the crime of illegal medical practice in theory and judicial practice related issues involved in discussion of the case involved attempts to related to the theory a reasonable explanation.This paper is divided into three parts:The first part is to analyze the main case and the proceedings briefly, and the theory of the case raised the issue of limited description. Theory of the case caused major problems in the following four areas: the main body of the crime of illegal medical practice; illegal medical practice act and the causal relationship between damage results; commitment to the victims; illegal practice during emergency relief.The second part of the traditional theory, according to the relevant theoretical context interpretation of the crime of illegal medical practice, from the actors, the objective aspects of behavior and rule out criminal cases subject to the comprehensive analysis in order to reach a conclusion.The main body of the crime of illegal medical practice is the <<Penal Code>> Section 336 of the "not a medical qualification," but what is "qualified medical practitioners", both theoretical and the judiciary, which has a different point of view. In my opinion, should be based on Criminal Law and the crime to protect the legal interests of the departure of its substantive interpretation.Committed the crime of illegal medical practice is divided into basic and Aggravated Criminal, It's worth the aggravation results in Aggravated Criminal caused reasons. Thus, in determining the results of illegal medical practice act and the causal relationship between damage, the sentencing of illegal practitioners of great significance. In the crime of Aggravated Criminal illegal practice involved the issue of causation, intervention should be noted that the impact of factors on the causal relationship.For the crime of illegal medical practice, the two types of exclusion is closely related with the subject of crime, namely the commitment to victims and emergency relief. I believe that the victim committed the crime of illegal medical practice can not be obstructing the law, but illegal practice of emergency relief can be ruled out criminal offense subject.The third part of the criminal law within the context of the current protection of legal interests, and emergency rescue causality theory, the theoretical point of view of the case led to resolution. Finally return to the case, a critical analysis of the court case.