Research On Illegal Practice Of Medicine Crime Difficult Problems

With the development and progress of the society,the development of medical and health fields has also improved rapidly,and it is necessary to clarify the specific laws and regulations to regulate the behavior of this area and its surrounding areas.The conflict between the surge in medical demand and the lag between medical laws and regulations is becoming increasingly apparent.Criminals think profitable medical and health industry,will be evil hands into this field,in the case of does not have the legal qualification of illegal practice medicine,bring serious security hidden danger to the patient's life and health,disturb the order of the community health management.In recent years,with the deepening of the medical system reform,the national law to handle such illegal medical case further clarified to crack down on illegal crime,maintain good health management order,guarantee the clear guidance of people's life and safety.This article from the crime of illegal medical practice that problems of the research background,research significance as guidance,combining use of the empirical study,qualitative analysis,interdisciplinary research methods such as study method and case study method to the crime constitution of the crime of illegal medical practice,a clear standard of this crime,clarify that train of thought,to solve this crime of criminal penalty.The main body of this paper is divided into seven parts:The introduction part describes the research background,research methods and significance of the problem.From these three points as the direction and starting point of this article.In the background of the research,the author mainly describes the current law and relevant judicial interpretation of the crime of illegal practice in China,and describes the current situation of the crime of illegal medical practice.In the research method,the application of the research method is briefly described.Research significance is to cause the judiciary and academia on charges of this case,both to punish crime,safeguard the legitimate rights and interests of nation and people,and not blindly expand the scope,bring to the development of medical industry.The first part is to study the concept of illegal medical practice.First of all,from the criminal law of our country,the concept of the crime of illegal practice is clarified,and the composition of crime is analyzed.Combined with the supreme people's court on the concrete application of law in the form of illegal medical practice cases of interpretation and the implementing rules for the regulation of medical institutions to analyze the behavior of illegal medical practice of specific provisions,and describe the specific legal requirements of the circumstances of the crime.The second part is the judicial determination of the crime of illegal medical practice.This part firstly analyzes the connotation of the criminal subject,whether the main body belongs to the general subject or the special subject.Secondly,the identification of the subject qualification of six special cases in the subject area is analyzed.Respectively is: SanChao "the body of the practicing physician qualification,main body qualification of trainee doctors,medical cosmetic surgery of subject qualification,health care subject qualification,the main body of rural doctors qualification,black clinic in" false doctor ","roving doctor" subject qualification.Finally,the author studies the special problems of the accomplice of crime subject.The third part is the judicial determination of the objective behavior of the crime of illegal medical practice.Firstly,the connotation of the practice of "practicing medicine" is discussed from the perspective of professionalism,purpose,scientific research and objectiveness.The scope of medical practice is briefly divided.Second combination as prescribed in article 336 of the criminal law and the implementing rules for the regulation of medical institutions,the ministry of health,the state administration of traditional Chinese medicine of traditional Chinese medicine massage and other activities management related issues notice "and" medical cosmetology service management method "and other laws and regulations,mainly studies the" medicine "behavior of two kinds of special circumstances.In the end,the author analyzes the crime of the victim's commitment and the commitment of the victim.The fourth part is to study the judicial identification of the crime of illegal medical practice.Contact "interpretation" to the "serious" judicial determination of the basic elaboration.This paper studies the identification of the aggravating results of this crime,and makes a comparative analysis of the three different views on the causality between the criminal behavior and the aggravated result.The fifth part,the study of the intentional judicial determination of illegal medical practice.The distinction between intentional,negligent and accidental is the important factor in distinguishing between sin and non-sin.The sixth part studies the relationship between the crime of illegal practice and related crime.This part analyses the crime from the crime of intentionally form the difference between murder and intentional injury,is analyzed from the crime purpose and crime means the difference between this crime and crime of fraud,from the analysis on the identity of the criminal subject the difference between this crime and medical accident crime.In addition,the crime of illegal medical practice and fault and its similar deadly sin,but from the crime object on the requirements of the crime of illegal medical practice narrow the scope of criminal subject,so this crime is the crime of causing death of general crime constitution absorption.The crime of illegal medical practice and production and sales of counterfeit drugs,production and sales of medicines of inferior quality,production,sales and do not conform to the standard of medical equipment produced competition,according to the guidance of the "explanation",adopted the principle of minor crime attached to serious,will be punishment for several crimes to felony.