The Research Of The Subject Of Illegal Practice Of Medicine

Our country’s Criminal Law in1997set up the crime of Illegal Practice of Medicine. The establishment of this crime make up the blank of Criminal Law to such kind of crime before,which plays a preventive and striking role for the practice of medicine.However,because of the defect of the legislation and the imperfection of the judicial interpretation, there exists great controverse. Research on the subject of this crime has great practical significance. This paper consists of three parts.The introduction describes two cases of "the druggist’s illegal practice of medicine" and "the intern’s illegal practice of medicine", and the compare them two. It can be seen clearly that neither has the doctor qualification, but that the verdict is not the same, which contains the legal problems worthy of thinking. The regulations of our country on the subject of the crime should be clear-cut and specific, which is also the main reason for the author to explore the problem.The first part:the analysis of general theory. This part will analyse the law of the crime of illegal medical practice,including the introduced judicial application. Then study theoretical differences on the crime,the subject of the crime that refers to general subject or special subject,and meaning of not obtaining the qualification of doctor. These problems are treated as a guide to analyse the main content of this paper.The second part:the specifically identified problems of the subject of this crime. This part will discuss the intern’s qualification, village doctors and clinics etc;The common crime is also a key issue in this chapter to discuss the relevant units of illegal medical practice; The illegal prctice of medicine of units concerned, namely whether these units should be taken into the subject scope of the crime is a hot issue of discussion.The third part:the idea to perfect legislation of illegal medical practice’s subject.The subject scope of the crime should be defined, which will provide a strong basis for the punishment of illegal medical behavior, so it is conducive to the protect public health and maintain our country’s medical management order.