Research On The Problem Of The Conviction And Punishment Of The Unites’ Illegal Practice

From the perspective of the current situation, the phenomena of the institutions’ illegalmedical are very serious in our country, which are mainly divided into the following threetypes: the medical practice of illegal practicing institutions; the medical practice of employednon-practicing doctors; and the medical practice out of the situations’ scope. The crimes ofinstitutions’ illegal medical practice are not only caused great harm to the rights of publichealth and property, but also undermined the national medical and health government order ina large extent; at the same time, they are sabotaging the order of socialist market economy.As to different types of the medical practice of illegal practicing institutions, theseshould be respectively penalized by the specifics. Firstly, if illegal medical practice took placein an unlicensed institution of partnership, which caused a serious case, the institution shouldbe penalized by the crime of illegal medical practice according to “article15in the regulationon the administration of medical institutions”. If the institution of partnership operationpractices illegal medicine, the head of the institution and the doctor himself should bepenalized as the principals of the illegal medical practice’s crime, and the relevant others aredesirable as accessories. If the illegal medical practice happened in an institution without thecorresponding ability, it should be given by administrative sanction generally, it also shouldbe penalized by the crime of illegal medical practice when in serious cases. If an institution isstill receiving new patients after the license has been revoked, whichconstitutes a crime should be held criminally responsible by the crime of illegal medicalpractice. Secondly, if an institution does selling、transferring or lending “the practicelicense of medical institution”, it should be punished by un-obtaining a license; when causedserious cases, the seller、the transferor、the borrower and the user share a crime of illegalmedical practice. If an institution does counterfeiting or altering “the practice license ofmedical institution”, the punishment is as the same as selling、 transferring or lending alicense. At last, if one person offered intentionally an illegal institution money and site, theprovider should be penalized as an accomplice of the illegal medical practice when causedserious cases. As to different types of medical practice of employed non-practicing doctors, these alsoshould be respectively penalized by the specifics. Firstly, if non health technical personnelpractice medicine illegally with the agreement of certified doctor, once constitutes a crime,the doers and the head should penalized together by the crime of illegal medical practice. Ifnon health technical personnel cure the disease of a particular person by chance, that is notpenalized by the crime of illegal medical practice. Secondly, if an institution performed aprescription signed by a trainee doctor, when caused a serious case for the disorderedmanagement or the carelessness of the teaching doctors, the head、the relevant others and theteaching doctors should all penalized by the crime of medical accident. If a trainee doctorpracticed rule-breaking operations, once constitutes a crime, he should be penalized by thecrime of illegal medical practice. At last, the direct managers of an institution abet or help thenon-practicing doctors to carry out medical practice illegally; they should be penalized by thecrime of illegal medical practice as the abettors or the helpers.As to the penalties of the medical practice out of the institutions’ scope, it also needs aconcrete analysis. Firstly, if an institution carried out clinical activities beyond its scope, whencaused a serious case, the heads of the institution should be penalized by the crime of illegalmedical practice. If some medical practice beyond the scope was carried out when a big fireor accident occurred, it is lawful since the behavior is good for our society. Secondly, if adoctor of the institution practices medicine trans-regional over his treatment scope, it is lawfulsince approved legally. If the place a doctor carried out medical practice is out of hisregistered place, he should not be penalized by the crime of illegal medical practice in thecriminal law. If a doctor took a part-time job in an institution which is illegal, when caused aserious case, the doctor should be penalized by the crime of negligence causing deaths orinjuries. If a doctor injured or killed others in the name of medical practice, thus he should bepenalized by the crime of intentionally injury or intentional homicide.