| Health care reform solved the problem of the people’s medical care, but alsobrought the negative impact from the behavior of illegal medical practice which isincreasingly plagued. In1997, to punish the behavior of illegal medical practicewhich would cause serious harm to people’s health and life safety, the "criminal law"established the crime of Illegal Medical Practice. The establishment of the crime hasgiven a strong punishment to the harmful activities and has standardized the order ofthe country’s medical and health. However, there are still many confusing problemsabout the application in real life. In this paper, on the basis of the laws and regulationshaving been enacted and the lessons drawn from the research achievements of thescholars home and abroad, starting from the specific cases, the author would like todiscuss the way to solve those related problems in practice, aiming to protect thecitizen’s rights of life and health, and maintain the national management order of thepublic health as well.By introducing the specific cases and analyzing the focus of the controversy,this article aims to offer the solutions to the difficult problems of the crime of IllegalMedical Practice. Starting from the constitutive requirements of the crime, this articleanalyzed some practical difficulties and proposed some suggestions for the legislationimprovement of the crime.The charged behaviors of the crime which is call the “medical behavior” means those activities with an intent to be a professional custom or professional trend by thesubject. If the illegal behaviors give rise to the damage results, we say that there iscasual relationship between them. The doctor practicing requirements should includedoctor qualification and practicing qualification. Units should also be the subject ofthe crime. There are distinguishing problems on marginal differences among thecharges of Illegal Medical Practice, Medical Accident, Willful Murder （Injury） andFraud （by the way of medical practicing）. |
PDF Full Text Request