The Illegal Medical Practice Of Criminal Law Regulation

The crime of illegal medical practice is one of the new additional charges of97CriminalLaw in China. The subject of the crime of illegal medical practice is a person who has notobtained the capacity of practitioners which is a difficulty in judicial practice. Especiallycomes to the persons who exceed the place of practice, scope of practice and category ofpractice. Whether a person who has not obtained the capacity of practitioners compose thecrime of illegal medical practice if the circumstances are serious. Intern doctors are dividedinto two parts: who has obtained the capacity of practitioners and who has not. If they haveobtained the capacity of practitioners, but they have not registrated in the place of practice andthe reason is not the practitioners themselves, they do not constitute the crime of illegalmedical; but the person who has not obtained the capacity of practitioners constitutes thecrime of illegal medical if they pay themselves into medical practice. If it was non-emergency,and doctors who pay medicine into practice exceed the scope of practice and category ofpractice, recognizing their behavior, their behavior constitutes the crime of illegal medicalpractice, otherwise, their behavior does not constitute the crime of illegal medical practice. Ifdoctors do medical practices exceed the place of practice, their behavior does not constitutethe crime of illegal medical practice. If it comes to the doctors’ seriously irresponsible and itconstitute the crime of medical accident.The objective aspect of the crime of illegal medical practice is much general and “thecircumstances are serious” in the judicial interpretation has still existed the reveal all thedetails provision and also existed differences in the judicial practice. So no matter in thelegislation or judicial practice, both of which need standardization, systematization, andcompletion, if so, it is to the benefit of practical problem.