The Main Body Of The Crime Of Illegal Medical Practice

China’s 1997 Criminal Law Article thirty-six first paragraph of the "crime of illegal medical practice", the qualifications of practitioners of a strict restrictions on the law and illegal practice law in a more harsh penalties. The emergence of the crime is a national health policy to establish management systems to standardize the management of medical activities and the establishment of a medical qualification is the prerequisite for entry.Illegal Practice of Medicine of the main qualification is the focus of the crime of illegal medical practice is difficult. I present all the main body of the crime of illegal medical practice dispute qualification, combined with the illegal practice of medicine in recent years a number of specific cases of the crime of illegal medical practice as the center of the protection of legal interests are expanded to the crime of illegal medical practice criminal law only protected against the citizens on public health, and management of social order against the characteristics of the illegal practice of medicine subject to the general qualification to judge - that the crime of illegal medical practice can be both the main qualification for practicing medicine without a people, it might already have passed the national standardized examination to obtain qualification for practicing but not in accordance with the "Medical Practitioners" and registered as required, beyond the practice location, practice type, scope of practice in the medical business people. Illegal Practice of Medicine summarized the basic characteristics of the main body, and to the difficult in judicial practice, to solve special problems of treatment and research. Among them, the community attracted widespread and intense discussion of the interns, rural doctors, private clinics, studying Chinese medicine and other issues as a key study.The essence of clinical practice interns to study medicine rather than practice, their behavior and qualifications isn’t independent existence, but also with medical institutions and has a lot of teaching in a doctor, so the interns can constitute the crime of illegal medical practice can not be generalized. Intern internship in a medical institution in accordance with the provisions of the act in principle, illegal practice of their own, but if its not teaching for medical advice without violation of the restrictive provisions of relevant laws, engaged in medical institutions can not engage in medical practice, or can constitute the crime of illegal medical practice.Doctors in rural areas as a product of the times will exit the stage of history, but at this stage them as a special group, most without formal academies, but in China’s rural health services to the development of the process also plays an important role in. Part of the medical doctors in rural areas can engage in behavior, but exceed "rural doctors practicing management regulations" still in an illegal practice under certain conditions, the main body of the crime.Individual practitioners to apply the law provides for more stringent conditions, requires not only medical knowledge and energy, also requires the necessary facilities and conditions, or would endanger public health, endangering the lives and health of citizens. As a doctor qualified doctors to open private clinics, and do not meet the other provisions of the relevant law, the crime may also become the subject of illegal medical practice.The quintessence of Chinese medicine as the motherland, diagnosis and treatment many of technology’s transmission between master and apprentice by the family or the "line of succession".Although they have not been higher medical education, do not have medical qualifications, but the practice of medicine for many years, excellent medicine to heal many diseases. The Ministry of Health has issued a special work policy, providing them with medical qualification for acquiring special way, and if not obtained qualification for practicing illegal practice, illegal medical practice may still be subject of the crime.