The Research Of The Subject Of Illegal Practice Of Medicine

The crime of illegally practicing medicine is a new crime in Criminal Law of1997. Since the establishment of the crime of illegally practicing medicine, it hasplayed a positive role in preventing and combating to medical practice in the illegalpractice. However, as the law item is too simple, it had serious differencesunderstanding of the subjective of the crime. It not only brings challenges to China’sjudicial departments to applicant the law correctly, but also brings negative impact onpreventing and combating the crime of illegal practice by the effectiveness on China’scriminal law. In such circumstances, the research of the range of the subjective of thecrime of illegally practicing medicine is our important mission. This thesis willanalysis the subjective of the crime of illegally practicing medicine. Then, based onthe comparative analysis of the crime of illegally practicing medicine, the writerprovides some valuable suggestions of legislations to the crime.Firstly, we describe "the Peking University Hospital case fatality", pointing outthe intern medical qualification in Medical practice. The qualification of the intern isthe focus question in the Jurisprudence. It explains that the main qualification of thecrime of illegal.medical practice should be clear and specific, which is the mainreason for discussing the problem.The first part is the interpretation of the general theory about the crime of illegalmedical practice, elaborating whether the subject of the crime of illegal medicalpractice is general subject or special subject, and the meaning of without obtainingthe qualification for practicing. Does it means the person who has passed through theexamination of practitioner qualification but hasn’t achieved the practitionercertificate or the person who hasn’t passed through the examination of practitionerqualification? Should the qualification of the doctor be both the permit to practice ofthe personal qualifications and medical units? These problems are discussed in thissection.The second part is about the judicial determination of the subject of the illegal practice of medicine, such as the qualification of the person having achieved thequalification for practicing, the interns’ practical qualification and the rural doctors’practical qualification. The Interns’ practical qualification is the hot problem. Thewriter analysises the reason of controversial, the necessity and not-for-profit of theinterns’ participating clinical practice. and the need for training medical personnel.Based on the above reasons, we should exclude from the scope of the main body ofthe crime of illegal medical practice.The third part describes a common crime. Can the doctor who has achieved thequalification for practicing constitutes the accomplice in the crime of illegal medicalpractice? Including several cases: the doctor who has achieved the qualification forpracticing engages illegal practice with the person who hasn’t achieved thequalification for practicing, the doctor exceeding the scope of practice or practicecategory engages illegal practice with the person who hasn’t achieved thequalification for practicing, the doctor instigates the person who hasn’t achieved thequalification for practicing to engage illegal practice, the doctor makes the personwho hasn’t achieved the qualification get certificate of practicing doctors by rentingor transferring and so on.The fourth part is about illegal medical practice of units. Unit illegally practicingmedicine phenomenon intensified at present. Damages caused by units are serious. Sounits into the main body of the crime of illegal medical practice is necessary.The last part is about the perfection of the crime of the illegal practice. Firstly,the interns’ qualification should be made clear in China’s relevant laws. Then, units ofthe crime of illegal medical practice should be added, which is good for blowing thephenomenon of units’ illegal medical practice. In short, only by improving the mainbody of the crime of illegal medical practice can we provide a strong basis for thepunishment of the illegal practice of crime. At the same time, this helps us to protectthe lives and the health of the public and preserve our health care management order.