Research On The Subject Of Illegal Medicine Practice Crime

With the deepening of the medical and health system reform in our country and the development of medical and health undertakings progress, more people have access to high quality public health resources, receiving a high level medical treatment services. However, China’s medical and health status is still not optimistic. The crime of illegal medical practice is difficult to prohibit, having caused serious damage and bad influence. It’s like a "time bomb" to the order of our country’s public health management and the public life and health security. In 1997, the new "criminal law" included the crime of illegal medical practice in our country, and set its crime subject as "people who has not obtained doctor qualification". In the judicial practice, there are still a lot of identification problems because the legal provisions and judicial interpretations are not clear on qualification cognizance of the main subject of illegal medical practice crime and opinions are differed on theoretical side and practical side.This paper starts with the legislation history and current situation of the illegal medical practice crime, combined with related theories. It focuses on the analysis and discussion of the main subject of the illegal medical practice crime and identifying standards in order to have more accurate cognition and put forward some suggestions to perfect the relevant legislation.The paper mainly consists of four parts:The first part is the legislation history and current situations of illegal medical practice crime in our country. This paper gives a brief summary of illegal medical practice crime, and expounds present situation of illegal medical practice crime in our country.The second part is overview of illegal medical practice crime subject. Firstly this paper expounds the significance of researching illegal medical practice crime subject. Secondly it lists controversy and consensus of ways to identifying illegal medical practice crime subject, and gives identifying standards of illegal medical practice crime subject.The third part is subject identification of illegal medical practice crime for people who have obtained the doctor qualification. It mainly analyses and determines subject under the situations of “the three oversteps practice”.The forth part is subject identification of illegal medical practice crime for people who do not obtain the doctor qualification. It mainly analyses and determines subject under the situations of rural doctors, interns.