On Cognizance Of The Crime Of Illegal Medical Practice Qualification

Since the illegal medical practice was identified as a crime, there are a variety of disputes about the charge.The fundamental reason of these disputes is not only about some loopholes of the law, but also about endless forms of illegal practices of medicine in reality, which adds to the difficulty of conviction and sentence of the crime. In 2008, The Supreme People’s Court promulgated "Explains of Some Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Illegal Medical Practice", making the standard and circumstances of the crime clearer. It explains situations of "serious damage to health of patients", "serious" in details, which plays a very important role in the identification of the crime. Although the judicial interpretation has stipulated five specific circumstances of "Without Obtaining the Qualification for Practicing", determination of the subject of crime is still very hard due to the diversified forms of illegal practices of medicine in reality. The illegal practice of medicine involves not only the criminal law, but also a series of administrative regulations and government policies.That means the crack down on the crime needs both appropriate punishment and breadth in order to keep the order of the medical management.In such a context, the paper uses weighty case of Hu Wanlin’s illegal practice as the starting point, interpreting the focus of controversy in this case and extended practical problems. Through the discussion of the subject of the crime of illegal medical practice according to some scholars’ theories, defining the meaning and essence of the subject, and analyzes four problems in determining the commission of the crime: traditional Chinese medicine, the unit crime of illegal practice of medicine, cross-regional and cross-professional practice, and rural doctors, putting forward suitable measures and legal advice.This paper is mainly divided into the following four parts:The first part is the introduction and analysis of the case of Hu Wanlin’s illegal practice, and leads to the contents of the study in the paper.The second part focuses on theoretical discussion in the meaning of the subject of illegal medical practice, the essential elements of the subject, the theory of accomplice and the problem of general subject, which can better identify the subject of the crime in a criminal law sense.The third part is combined with typical cases of the crime of illegal medical practice, putting forward some problems of the crime in practice.The fourth part is the application of criminal law theory, combined with the practical problems, not only present the different stated views at present, more importantly, but put forward this point of view of discussing how to solve these difficult problems in the determination of the subject of the crime.