The Coincidence And Cohesion Of The Administrative Punishmnet And Penalty Of Illegal Medical Practice

In China,suspected criminal acts of the illegal medical practice is needed to assume both the administrative responsibility and criminal responsibility because of its dual illegality,which lead to two different properties of sanctions between coincidence and cohesion in administrative punishment and penalty.The problems against illegal medical practice are mainly exist in three aspects,the first one is the fuzzy concept definition of China's administrative law and criminal law in the illegal practice medical,which leads to the controversial cognizance of the crime;the second is the fuzzy applicable principles of illegal practice of administrative punishment and penalty,which leads to the chaos of "penalty or punishment";the third is the fuzzy procedure convergence of execution of the illegal medical practice,which leads to establishment of good transfer mechanism hangs in the air in public health administration and judicial authority.Through the discussion and analysis of "principle of non repeat punishment","the principle of harmony criminal law" and the “principle of criminal priority”,the author holds the view that the applicable principle in the illegal medical practice of administrative punishment and penalty should take the special principle "conditional and section" of the "Merger",and the procedures convergence of administrative punishment and penalty of illegal medical practice should adhere to the principle of "criminal priority".It needs to proceed from the following three aspects to improve the reasonable path of China's illegal medical practice of administrative punishment and penalty cohesion.Firstly,to regulate the applicable scope,applicable principles and applicable procedures from the legislative level in illegal medical practice of administrative punishment and penalty.Secondly,to improve the transfer procedures in the current legal framework in general cases and public security cases in advance.Finally,we should strengthen the relevant supporting mechanism constructions of the sharing platform of administrative law enforcement and criminal justice information.