Practical Issues And Solutions For The Crime Of Illegal Medical Practice

The health care reform to solve the People’s difficult to see a doctor, but also have a negative impact. Illegal medical practice acts intensified in view of the reality of life, health and life safety of the people,with great risks. Of1997, Section336of the Penal Code, paragraph1, added the crime of illegal medical practice. The establishment of the crime of punishing the criminal activities of illegal medical practice, to regulate the national health order is of great significance. However, due to the more general legislative language of this crime, the judicial interpretation of legislative defects can not be an effective solution. Study in Criminal law scholars was not thorough enough, the key issues are still in dispute, the complexity of casting practice in cases in turn led to the identification and handling of the crime of many new problems. In this article, the country has promulgated the implementation of the laws, regulations, and Chinese and foreign scholars study the outcome from the perspective of criminal law theory, Illegal Practice of Medicine in practice involving the related problematic issues carried explore, to judicial Practice department accurately conviction sentencing combating illegal practicing medicine phenomenon, to safeguard the health management order, provide the basis for the protection of citizens the right to life and health.In this article, a case presentation and analysis of the focus of the dispute, designed to solve several problems in the practice of the crime of illegal medical practice. The paper discusses the main issues of the crime of illegal medical practice, objective aspects of medical practice acts, causality, and the circumstances are serious,sin boundaries between issues. Firstly, with regard to the main body of the scope of the crime of illegal medical practice, Interpretation of the subject "without obtaining the qualification for practicing".Beyond location beyond category, beyond the scope of practice behavior given identified; intern has been through the Medical Licensing Examination to practice during the internship conduct did not constitute the crime of illegal medical practice, trainee medical staff without the guidance of physicians agree that the unauthorized practice of medicine or independent practice medicine constitute the main body of this crime. Secondly, this article defines the behavior of practicing medicine illegally practicing medicine, I propose to introduce the crime of illegal implementation of fetal sex selection behavior to determine fetal gender for non-medical behavior punished. Identification of the causal link between the damage consequences of illegal medical practice behavior and treatment, this article adopted criteria causal relationship. The serious circumstances analysis, and that it punishment fits the crime while in identified the serious circumstances, not only reasonable analysis of judicial interpretation,but also raised the two issues should be noted. Finally, boundary issues between the crime on the crime of illegal medical practice, according to the People’s Court trial instance from a comparative analysis, empirical analyzes analyzed how to distinguish the crime of illegal medical act and medical malpractice crimes, and the boundaries between the crime of illegal birth control.I hope through this study, it is possible to provide a reference for the crime of illegal medical practice in the future practical difficulties to solve in order to protect the people’s health and life safety, maintenance of public health and safety, in order as soon as possible back to the people a pure, clear medical space.