Research On The Definition Of Medical Practice In Criminal Law

As an independent type of act, medical practice is prescribed in the three kinds of crimes in the Article 335 and 336 of the Criminal Law. From the perspective of being typified, the medical practices in the three kinds of crime are totally different. But being a factor of the constitutive elements of crime, the medical practices in the three kinds of crime are all the same. The definition of medical practice is not involved in the clauses of Criminal Law and criminal judicial interpretation. For which, on one hand, the reason is the definition of medicine itself is unclear, and due to the progress of the medical technique, new type of medical practice comes into being frequently which makes the Criminal Law with nature of stability and hysteresis helpless in front of the definition of medical practice; on the other hand, the neglect of the scholars always make it lack of theoretical basis. Lacking the definition of medical practice, it is full of error in judicial practice in the distinguish between crime and non-crime and different crimes. For now, the definition in the Administrative Law is usually quoted, no matter for the academic research or for the criminal judicial practice. But because of the problems existing in the transition of medical practice from Administrative Law to Criminal Law, the definition of medical practice in Administrative Law cannot be applied to the Criminal Law perfectly. So it is necessary to give a definition of medical practice in Criminal Law. And the definition of medical practice is the basis of the Medical Criminal Law, it is also significant to the research on the Medical Criminal Law.