Research On The Crime Of Illegal Medical Practice

The progress of medical technology and the increasing of the medical disputes,prompted the criminal law must be explicitly need to protect the legal interests.The crime of illegal medical practice is in the medical technology progress under the background of the medical charges of criminal law.As an emerging norms of criminal law in our country,and to protect the rights of the object by the crime of illegal medical practice abstract and complex,thus makes clear the crime of illegal medical practice law benefit is very important.Due to the lack of medical criminal law theory in our country and the lack of unified standards in the actual practice,the behavior of illegal medical practice of final often require administrative norms and criminal policy of the sanctuary and support;And that support behind reflecting the crime of illegal medical practice in our country theory and the present situation of medical disputes exist to a certain extent.From the perspective of criminal law doctrine study to clarify the legal interests,must combine elements from medicine,sociology and criminal policy,continue to examine the purpose of the crime of illegal medical practice.Some emerging medical behavior is not based on the traditional medical purpose,whether to need to by criminal law regulation theory is still blank in our country.This paper is to study the health behavior of the crime of illegal medical practice for Angle of view to clarify the crime of illegal medical practice in the sanctions specification,elicit a series of perspective,discusses the issue of the medical field of criminal law that the crime of illegal medical practice to regulate the behavior of the concrete content and logic,to clarify the crime of illegal medical practice in involves the concurrence of criminal law and administrative law on the law problem;Outside the profit protection formed in the process of transition and buffer,prompting the guarantee of the safeguard of administrative law and criminal law complement each other,each other;So that the criminal justice and criminal law dogmatics concerns the "legislative intent" implementation of conjunction,the flexibility to deal with various medical technology development leads to a series of changes in the medical activity and the tolerance of sex in the criminal law itself,the stability of conflict,the judicial referee to help medical behavior and the nature of the characteristics of the crime of illegal practice medicine.Found that,of course,the limitations of the crime of illegal medical practice must be based on the existing law itself,based on the connotation and denotation of medical behavior,clarifying the concept of medical behavior helps ensure the crime of illegal medical practice itself to the criminal law should have ability of criticism and limits.To be clear,the criminal law on the meaning of medical behavior directly affects the crime of illegal practice medicine crime constitution in the judgment of the objective behavior.The ministry of health issued "regulations detailed rules for the implementation of medical institution" specified in the definition of medical behavior can not meet the needs of the medical technology progress.On the one hand,the gender reassignment surgery,folk therapy,and artificial termination of fetal sex appraisal illegally behavior such as whether the legislation belongs to the medical behavior,there is no clear answer.Hold a license for the qualifications of doctors medical personnel engaged in illegal appraisal behavior still could not be in accordance with the fetus,illegal transgender surgery no unified judicial standard.On the other hand,how to regulate excessive medical behavior,whether by the criminal law is the crime of illegal medical practice problems need further argument.Excessive medical treatment is the most serious in excessive operation behavior,the behavior of mortal wound how to judge? How should choice between status crime and excessive medical treatment? Behind this a series of thinking,is closely connected with the interpretation of medical behavior,with no clear medical practice as a context,this discussion is the lack of legal basis for the radical;This article demonstrates the process of it is the author of the crime of illegal medical practice in our country and even medical criminal law proactive thinking.The author thinks that the emerging medical behavior,auxiliary class medical behavior,medical behavior,medical means such as cutting-edge medical behavior exist in all of human life and health,medical and health order the risk of infringement,their definition is what? Legal intervention necessary? Dominated by administrative regulation or dominated by criminal law regulation? Problems still need to more carefully,this paper discusses the interdisciplinary perspective.The ultimate goal of this paper is intended to elicit "pyramid" type of crime of illegal practice medicine treatment,and by extension,applied to medical criminal law and other fields.Pattern,defined clearly seems to expand to the rules of criminal law,in essence,is to determine the hierarchical medical behavior in the crime of illegal medical practice,professional medical commission more permissions,a line of coordination mechanism,to limit and critical current criminal law,administrative law in the aspect of medical crime defects.Not all aspects of the medical behavior needs to intervene in the criminal law,criminal law cannot and will not serve as the main regulation in medical disputes.For example,the author thinks that the folk custom of generalized therapy is not worth of criminal law specifically strictures,after the dispute shall be mainly civil compensation of administrative punishment is complementary.In addition,the medical behavior connotation and denotation of correct definition is able to provide medical behavior,according to the regression of crime legal criminal law itself,prompt medical personnel as well as the so-called "healers",judge be thin,pay attention to guard against,a reasonable explanation,to provide the reference in order to avoid disputes;So as to realize the protection of people’s life and health and medical order.And the professional identification of the problems of medical practice is the key link in "pyramid" model,how to solve the contradiction between certainty and lag in criminal law,the progressive layers of inference model is undoubtedly the best choice.Content,this paper mainly has five chapters:The first part: the problem of lead.This part aims to illustrate three questions: first,the current problems of the crime of illegal medical practice in our country.Second,the current our country medical behavior concept of deficiencies in the crime of illegal medical practice.Third,the relationship between the two.This part is the conclusion at present,the crime of illegal medical practice the problems with the lack of medical behavior concept has certain causal relationship.We must clarify the inner link between the two,so as to seek the correct interpretation of the definition of medical behavior way,perfecting the crime of illegal medical practice in our country.The second chapter: the path on the solution of the crime of illegal medical practice in our country at present.This sector cases it is combined with the author’s point of view of the reality of our country to deal with the behavior of illegal medical practice mode for carding process of argument.The third chapter: carding and research of the related discussion.This part is a summary of research in the field of domestic and foreign relevant screening,is the theory of the actual argument stage material.The fourth chapter: the actual argument medical behavior problems.This part and the fifth part is the main sector,this chapter system answered beauty behavior,and artificial termination of fetal sex appraisal illegally,surgery,excessive medical treatment is belong to medical practice four questions.In these problems in the process of the argument shows the transaction boundary in our country,also shows the author of the above problems.The fifth chapter: medical behavior of specific interpretation.This part is based on the above discussed the definition and to allocate the idea of "pyramid" type processing path,is the research achievements of the author to think independently.