Concerning The Body Of The Crime Of Illegal Practice Medicine

Since ancient times, there is the illegally practicing medicine, the case of the dynasties to punish this behavior are numerous. In recent years, China’s socialist market economic system continue to improve and perfect health system reform in all directions, then the medical services market have been opened, some liberalization initiatives is largely convenient for people to seek medical treatment, these initiatives make up lack of resources of the National Health Service has also brought many problems, bring profits in pursuit of profit maximization Today, illegally practicing medicine does give the perpetrator, it is driven by such an interest, illegally practicing medicine of repeated. After the implementation of the new Penal Code, unless the object of a crime on the crime of illegally practicing medicine more consistent understanding of academia and practice, the subjective of the crime of illegally practicing medicine in the understanding there has been large differences. Judicial interpretation of the Supreme People’s Court on April28,2008, judicial interpretation of the crime, however, also failed to give a clear answer of this crime are the main criteria. The crime problem of identification, one of the focus of controversy, mainly in the Illegal Practice of Medicine, the main aspects. This article for some useful discussions on this issue, in order to help accurately define the subjective of the crime of illegally practicing medicine.The main content of this paper is divided into three parts:The first part describes an overview of the crime of illegally practicing medicine, including the concept and the relevant laws and regulations. Identified the subjective of the crime, the key is that physicians practicing license system, which rely on the relevant provisions of the health administrative regulations, and discuss the administrative law of the relevant health improve, you must first clear the main criteria for judging the crime of illegally practicing medicine. However, the latest judicial interpretation does not clearly define the main body of the crime that standard, which is the purpose of this paper.The second part discusses the subjective of the scope of the crime of illegally practicing medicine. Defined by the criteria and scope of the theoretical circles on the controversy of the main range of the crime to come to the subjective of the crime of illegally practicing medicine. The third part focused on the process of judicial practice on the illegal’y practicing medicine main problems discussed were discussed already have the qualification for practicing the subject qualification, do not have the qualification for practicing the subject qualification, common crime and two special issues of the main body of the illegally practicing medicine that is, its principal whether special subject and unit ability to constitute the main body of the crime of illegally practicing medicine.