A Study On Some Problems Of The Crime Of Illegalmedical Practice

The crime of illegal medical practice was set up in 1997,which strengthened the crackdown on illegal activities,accelerated the pace of China's medical system reform.After that,a series of relevant laws and regulations have been enacted,which has also improved the legal system of medical management.In 2008,the judicial interpretation of the crime of illegal medical practice was formulated,which effectively solved the problems of subjective and objective of the crime.Recently,the Supreme People's Court issued a new judicial interpretation of the crime,the new judicial interpretation deleted the relevant provisions of the medical license.It also defines the definition of death caused by illegal medical practice.Although the legislation of the crime of illegal medical practice in our country is becoming more and more perfect,it still can not meet the needs of dealing with complex problems.There are still many problems in reality,for example:what is the meaning of a person who has not obtained a doctor's qualification?What does the "serious" mean?It is necessary to carry out an in-depth study of such difficult problems in the determination of the crime.The study on the crime will be conducted according to the four aspects in this paper.First of all,the behavior of medical care should be carried out by professional medical staff.It should also be based on the use of professional medical knowledge and technology,in ordering to provide patients with better medical services.At the same time,we should pay attention to the different meaning of �illegal practice� on the criminal law and the administrative law.Second,the serious circumstances of the crime means it is sufficient to cause serious health damage or death.If doctors engaged in medical activities beyond the registered location,category,scope,it does not constitute the crime of illegal medical practice anymore.In my opinion,it is reasonable to say that there is casual relationship if the illegal behaviors give rise to the damage results.In subject aspect of this crime,I thinks that the main body of the crime of illegal medical practice is the general subject.It means that everyone has the possibility of breaking the law.The main body of the crime does not include the interns and the medical institutions.This article also considers that the subjective aspect of the basic crime is intentional,and the psychology of the actor can be either indirect or negligent.