The Crime Of Illegal Medical Practice Subject Research

In accordance with the criminal law of the People's Republic of China,it is necessary to have a "doctor's practice qualification" to carry out medical practice or not to engage in relevant medical industry.Therefore,the subject of the crime of illegal medical practice refers only to practitioners who do not have a doctor's practice qualification.However,this seemingly simple law has caused a lot of disputes among all social strata,and has carried out various researches and concerns.Investigate its reason,this was partly due to the crime of illegal medical practice in legislation and judicial interpretation presented the inharmonious status quo,and even some confusion,especially about the cognizance of the subject of the crime of illegal medical practice,contradiction is very outstanding.On the other hand,the medical profession itself is closely related to everyone's life,and its social status is very important,and it is a crime frequently occurring in social practice.Under the legislation background and social background,to explore the scope of subject of crime of illegal medical practice in our country and social life in all kinds of illegal practice medicine subject qualification of the problem,there is no suspense has become one of the important proposition of our research.This article is composed of four parts.The first part is the introduction,which focuses on the background of the topic selection,the theoretical significance and practical utility of the topic.In addition,the author systematically summarizes the status quo of the subject of illegal medical practice.Finally,the research method and innovation point of the paper are explained.The second part is an overview of the subject of illegal medical practice.Firstly,the author points out the controversy about the meaning of the subject of illegal medical practice,and obtains its relative definition by summarizing various controversies.In addition,this part also carries on the exploration to the attribute of the principal.The third part focuses on some problems arising from the identification process of the subject of the crime.Will be the subject of the crime of illegal medical practice according to whether have the doctor qualification is divided into two classes: first,the analysis has a doctor qualification in across the category and scope,place the three cases whether academic disputes and subject that constitute this crime;Second,taking the two special subjects,such as traditional medical practitioners and interns who have not received administrative approval,as an example,this paper illustrates the determination of the subject of illegal medical practice in this situation.Besides,this stage also explores the special case of the subject of the crime unit.Firstly,this paper summarizes the controversy of this topic,and then draws a conclusion.On the basis of this,the author discusses the nature and characteristics of illegal medical practice and the dispute of crime,and narrated the necessity of the unit as the subject of illegal medical practice.In the fourth part,the author puts forward some legislative proposals to change the current situation of the subject of crime in China.At the beginning,the meaning and scope of "the person without the qualification of physician" was put forward.In addition,the author analyzes the necessity and particularity of the intern as the subject of illegal medical practice,and summarizes the situation of the intern.In the end,the author puts forward the legislative proposal of increasing the unit as the subject of the crime of illegal medical practice by discussing the subject of the crime and the detailed responsibility analysis.