The Crime Of Illegal Medical Practice Subject Research

The legal regulation of illegal medical and medical technology development in the specific period, medical resources is closely related to the demand.Our country has experienced from the control of illegal medical allowed to administrative rules and regulations to criminal law regulation three stages. "Criminal law" in 1997 for the first time into the category of the criminal law of illegal medical practice, the main body of the crime of illegal practice medicine prescribed for qualification "has not obtained a doctor". First of all, "the doctor qualification" of the new term is alone with criminal law, coupled with the lack of corresponding administrative law and relevant judicial explanation, it is difficult to achieve consistent.The subject of debate will directly affect the charges applicable ability.Legal consequences upgraded by administrative punishment for criminal punishment,also asked the linkage between the administrative law and administrative crime.Second,the administrative legal norms also set up different eligibility requirements,such as medical interns, village doctor, individual clinic practice, from practice of traditional Chinese medicine;All of these factors increase the complexity of the subject qualification. Again, in the joint crime in the crime of illegal medical practice,based on behavior person subject qualification is divided into a variety of situations.Finally, the unit is not the subject of the crime of illegal medical practice, but the unit is difficult to measure the potential risk of illegal medical practice. Will be units included in the crime of illegal medical practice regulation subject is not only necessary but also feasible.Of illegal practice medicine is based on the administrative and criminal regulation for context, with an emphasis on judicial practice problems, in the Chinese and foreign criminal law theory research results for reference, is the subject of the crime of illegal medical practice related issues discussed in this paper. This paper concrete structure is as follows:The first part is the overview of the crime of illegal medical practice subject, the subject of several basic problems make a detail: the first is of the legislation history of the subject of the crime of illegal medical practice. From the aspects of legislation process, the comb that the crime of illegal medical practice subject of legislativeevolution. The second is the main body of the crime of illegal medical practice type.Analyzed about the main body of the crime of illegal medical practice type "general body said" and "special subject said" two ideas, advocating the body of the crime of illegal practice medicine belongs to the special status types in the body of the negative point of view. Three is the main body of the crime of illegal medical practice attributes. This paper discusses the statutory crime, occupational crime, crime of status crime subject attributes and significance. Four is analysis of the administrative law and administrative crime of cohesion, and put forward the connection path.The second part is the body of the crime of illegal practice medicine boundary points, mainly expounds the relevant qualification "doctor" that question: one is the connotation and denotation of "doctor qualification". Combed the recognized qualification "doctor" six kinds of representative views, put forward the idea of "dual integration". It is to practice medicine man is beyond the scope of registered location,category and practicing medicine in the justice of belonging. In the above three kinds of situations are analyzed in detail how the qualification of the presence of. Three is in addition to the doctors and other health technical personnel practice problems.The third part, the special circumstances of the main crime of illegal medical practice, mainly expounds the six types of unconventional may subject of the crime of illegal medical practice: medical interns,individual clinic medicine,inherited the traditional Chinese medicine medical practice, network space.The fourth part is the cognizance of the crime of joint crime of illegal medical practice, mainly expounds the plural subject theory of joint crime, situation and problems of responsibility: one is introduced the basic theory of joint crime of illegal medical practice; Second, lists the common crime criminal cases; Three is to analyze the crime the aggravated crime and the share of responsibility for the problem.The fifth part is the subject of crime of illegal medical practice and unit crime,the unit should be brought into the subject of this crime, in which a suggestion: one is to analyze the subject of this crime does it include the unit theory, summarized a line of "criminal law" has not will be units included in the subject of this crime's point of view; Second, discusses the unit into the necessity and feasibility of this crime subject;Three is cited as the main body of this crime.