The Analysis Of The “Kingdergarten” Case Under The View Of Crime Of Illegal Medical Practice

In 2003,the media exposure that the Xi’an kindergarten and Hongji kindergarten fed the young children‘Moroxydine Hydrochloride Tablets’ without authorization on the grounds that the prevention of disease in the long time.In fact,they do it for ensuring the income of the kindergartens.Long-term using of the drug leads to children’health broken.Subsequently, Xi’an police arrest the directors of the two kindergartens,Mr Sun and Mr Zhao.They doubt that the kingdergarten offend the crime of illegal medical practice.At the time of praising the behavior of the Xian’ police,someone claim that the behavior of feeding medicines does not constitute the crime of illegal medical practice.To solve this question,we must analysis whether the kindergarten constitutes the crime of illegal medical practice in deeply.The crime of illegal medical practice has much debate since it was promulgated in 1997.It cause much trouble,we can not deal with practical issues and we can not judge whether kindergarten constitutes the crime of illegal medical practice.so we will analyze the subject,behavior and the subjective fault of the crime of illegal medical practice.This paper is divided into three parts, about twenty-five thousand words.The first part is the analysis of the subject qualification of the crime of illegal medical practice.Because of the lack of the detailed regulations on criminal law,and the,judicial interpretations have not provided general explanation.In theory,there have three views of ‘without obtaining the qualification for practicing.Then I will judge whether kindergarten perpetrator constitute the crime of illegal medical practice at the basis of my own view.The second part is the definition and the scope of ‘illegal medical practice’.I will discuss whether whether medical practices including sanitation and health protection,and whether the perpetrator constituted the crime of illegal medical practice just when He put treating disease as the main business.Then I will judge the kindergarten’behaviors.The third part will examine the crime of illegal medical practice’subjective sin.In theory.It is certain that the subjective fault of illegal medical practice is deliberate inter..But we should solve whether the subjective fault of illegal medical practice include conditional intent and the kindergarten constitute the crime of illegal medical practice.