The Theory Of The Crime Of Illegal Medical Practice

The crime of illegal medical practice is97sets of the first paragraph of article336of the criminal law in our country a new charge. Before that, the behavior of illegalmedical practice is through administrative regulations such as the "regulations on theadministration of medical institutions" to governance. Until1997, is set up as the crimeof illegal medical practice, starting with the height of the criminal law to crack down onillegal medical behavior, it’s all the background with the Chinese society as a whole areclosely linked. It set up, although to a certain extent, for preventing and cracking downon the behavior of illegal medical practice in China health utilities have played asignificant effect. But because the law is too simple, lack of theory, met a lot ofinconvenience in judicial practice, the theoretical circle of explanation has caused manydisputes. One of the most fierce competition for is the subject of the crime of illegalmedical practice as well as the definition of the circumstances are serious. The scholarsof law and medicine have different view and understanding for this sin. The author triesto clarify scholars point of view, and put forward their views, makes every effort toprovide certain theoretical basis for the judicial practice. This article mainly from fourmajor aspects to the crime of illegal medical practice is summarized. The first chapterexplains what illegal medical practice is, what the crime of illegal medical practice is.The second chapter points out that that the crime of illegal medical practice is legalattributes, and made the medical behavior peculiar nature: urgent, not limited by timeand space, and high risk, and puts forward the of illegal medical practice in our countryshould adopt what kind of criminal policy. Chapter three aims to conclude thecomposition of crime of illegal medical practice in the aspects of subjective body andobjective body. Answer the simple object and the object of complex object. In theobjective aspect, describes the illegal practice of "practice", is a collection of properties.Focused on the subject of the crime of illegal medical practice, the subjects of this crimeis general or special subject, for the doctor qualification. Fourth chapter enumerates thecrime of illegal practice medicine as special cases, identifying and behavior main bodyis divided into behavior, beyond the category and location and scope of registrationwhether constitute the main body of the crime of illegal medical practice, andcontroversial whether the hospital internship, rural doctors, and so on as the main body of the crime of illegal medical practice, emergency medical practice how to determine,in the middle with two meaningful case further illustrates the debate on the subject that.The last chapter, the author of the crime of illegal medical practice in our countrylegislation also proposed his own view, on the cognizance of the subject, to expand thescope of the subject, also wants to narrow the scope of the subject. The crime of illegalmedical practice about serious judicial interpretation also exist some problems, and putsforward the author thinks that "serious" in the crime of illegal practice medicine shouldincluding what aspects.