On The Crimes Of Illegal Practice Medicine" No Qualification Of Medical Practitioners"

This thesis is about issue on the case of Dr. Zhang Junli. The body of this thesis includes three sections. According to the main issue of those parts discussed, the brief instruction of each section is as follow:Section1:Focus of discussion in the case of Dr. Zhang. According to discuss main arguments of parties on the case of Dr. Zhang Junli in city of Nanchang in Jiangxi province in1999, known as "Fake German dentist", and this section presents the author’s own point of view. Firstly, in accordance of the incident recalling and dispute of the prosecution and defense reviewing in this part, author summary heated controversy caused by this case about the meaning of "doctor qualification" at336of the Penal Code with the introduction of judicial explanation between the theoretical circles and the practice circles; in the meantime, the main point is that Dr. Zhang Junli as a qualified doctor by Chinese health department is judged as crime of illegal medicine practice. This is actually executive violated by jurisdiction.Section2:Administrative Law and aggravated administrative offences. One of the most interest points is that Dr. Zhang get administrative permission by using bribery negates his crime or not. It comes to the question about the weak administrative permission and aggravated administrative offences. In this part author briefly introduce the aggravated administrative offences, weak administrative permission considered as reason of negotiations, and its effectiveness and usage. The more important, this question reveals different thought between the criminal law scholars of Civil Law countries and those scholars in China:Germen define the aggravated administrative offences based on the relationship of the Penal Code and the Administrative law, and Chinese judge it by taking precedence of the Penal Code. Otherwise, the unity of the legal order is involved in. base on this theory, author of this thesis reconsider the aggravated administrative offences definition. On the one hand, it may cause obviously conflict on evaluation method between the Penal Code and the Administrative Law when the weak administrative permission is considered as crime negotiation with condition of classification; on the other hand, the point that is use penalty replacing punishment will weaken the purpose of the Penal Code which is prevent violent crime and weaken the usage of the Administrative Law.Section3:Extension of the case of Dr. Zhang. Medical Malpractice for Dr. Zhang is serious penalty is not precise, and Crime of intentional injury is not comprehensive by using the Penal Code. As a result, crime of illegal medicine practice is suit for this case because it is easy to operate-Local Procurator gives a judicial recommendation to local administration to cancel the doctor qualification of Dr. Zhang. Then illegal medicine practice is very precise to this case. Using the theory of the unity of the legal order to explain this case will make it more reasonable than judge it just based on the Penal Code priority.