The Analysis Of The Case Of Mr. Zhang's Illegal Medical Practice

While the illegal practice of medicine should be combated,it is generally easy to confuse violations with criminal offences,which will undoubtedly lead to judicial injustice.Mr.Zhang's diagnosis and treatment behavior was identified as the crime of illegal medical practice,but it has nothing to do with Mr.Nie's death,the expansion of the scope of punishment is caused by judges,because the judge did not rule out unnecessary conditions,the necessary conditions for Mr.Nie's death,it indicate that he is wrong to understand the meaning of equivalence theory;The second time of judicial authentication procedures and identification of the scope of the cases is illegal,it is also not lawful to be used as evidence,the court shall strengthen the examination of the legitimacy of judicial authentication activities;Although the latest judicial interpretation has referred the fallback provision about "serious crime ",has intensified efforts to combat the crime of illegal medical practice,however,the comprehensive analysis shows that there is no serious circumstances;Take the judgment as the entry point,using the theory of equivalent causality and condition theory and the theory of behavior to analysis there is no causal relationship between the treatment and the death of Mr.Nie,and the basis of the causal relationship is also been discussed;Through the analysis of the concept and function of Forensic Expertise,and then analyzes the second judicial expertise is illegal.Taking into account Mr.Zhang although there is no doctor qualification but in fact it has the medical skills of rural doctors,he has also contributed to the medical cause of rural areas,therefore,based on the analysis of the main body of the case,comprehensive analysis of the subjective and objective aspects,Mr.Zhang does not constitute the crime of illegal medical practice.