Research On Illegal Practice Of Medicine Crime Difficult Problems

Practice and people’s life is closely linked, with high professional and high risk, should be strictly regulated. Illegal medical practice is not only a serious threat to the citizens’ life, health and safety in our country, and will destroy the normal order of medical management. But legal workers in the judicial practice of the crime of illegal medical practice is not clear to understand and apply of relevant laws and regulations and unified, the qualitative cases of illegal medical practice is difficult to accurately grasp, it is not only conducive to strike such crimes, will also lead to penalty abuse phenomenon, and then affect the authority of criminal law. The author from the criminal constitutive requirements of crime of illegal medical practice, the case analysis, comparative analysis and other research methods to the integrated use of, based on the studies of scholars, through the real hard cases together, the problem of theoretical disputes for this crime in the concrete practice of the determined to seek solutions to the path, trying to put forward the view of both theory and practice value.This paper analyzes respectively from the following four cases: by retired doctor Zhao a home visit case extended thinking on the objects of this crime, said the simple object compared with complex object said, in favor of this crime is the main object of patient health and life safety, secondary object for the state to medical institutions and medical personnel management order, be short of one cannot, both through the object leads to this crime to protect the real legal interests of individual life and health, finally comprehensive other elements come to the conclusion that Zhao did not constitute the crime of illegal medical practice; According to health expert Ma network practice case dispute of this crime objective aspect, around the objective performance of illegal medical practice, from the \ "practice\", \ "serious\" and \ "causality\" the recognition of the three practical problem discussion and publish their views, combined with the scholars viewpoint and the judicial practice that Ma’s behavior belongs to the category of practice and if the circumstances are serious, and damage in patients with a causal relationship, constitute the crime of illegal medical practice; Folk Peng some unit of TCM misdiagnosis case discussion, further deepening the understanding of this crime subject that divisions, comprehensive academic point of view on the definition of \ "doctor qualification\" unified standard, to practice folk medicine special status and unit criminal liability problems one by one analysis, contrast to the actual situation of the case that Peng a constitute the crime of illegal medical practice, head of the unit should be Peng one if the case constitutes the crime of illegal practice medicine accomplice; Analysis of the medicine store owner Yang was invited to deliver case to put forward the solution of the problem on this crime subjective aspect, this crime subject subjective aspect should be intentionally rather than a fault and not limit for-profit, at the same time considering the victim commitment influence on subjective cognizance of the subject of this crime, this crime and those in comprehensive contrast crime, on the basis of the constitutive requirements of ultimately decided that Yang did not constitute the crime of illegal medical practice, and should be the crime of causing death.