Criminal Regulations For Fraudulent Medical Practices

This paper is divided into four parts: the introduction and the main body of three chapters.Based on the existing theory,this paper makes a relatively in-depth study on the criminal regulation of fraudulent medical behavior.The introduction introduces the background of the research topic,summarizes the research theories of the predecessors and the current judicial practice.Through the introduction of the research methods and the structure of the paper,it also shows the theoretical innovation and shortcomings of this paper.The first chapter is an overview of fraudulent medical treatment.The first section defines the fraudulent medical behavior from the aspects of the subject,form and nature of the behavior.The second section reveals the reasons for the frequent occurrence of fraudulent medical behavior from the perspective of economy and legislation.The last section summarizes the development of fraudulent medical behavior in the past two decades,and then analyzes the infringement of its legal interest from the perspective of legal interest protection.The first part of the second section summarizes the current domestic regulations on fraudulent medical treatment from the perspective of civil,administrative and criminal.The second part draws lessons from the US and Taiwan's regulations on fraudulent medical treatment.The third section reveals the necessity of improving the criminal regulation of medical intentional crime.On the one hand,it is the requirement of the current bad doctor-patient relationship and other social phenomena,and it is also the proper meaning of improving the regulation system.The second chapter is the assumption of setting up a separate crime for fraudulent medical treatment.The first section analyzes the reasons why the medical act should not be regulated by the general law from the particularity of the medical act itself,and the existing charge regulation is not enough to adjust the fraudulent medical act,and then puts forward a separate charge assumption.In the second section,based on the existing legislation and interpretation in our country,referring to the establishment of other charges to protect the same legal interest,the author puts forward an assumption of setting up a separate crime and corresponding penalties.The third chapter is the legal application of fraudulent medical treatment.The first section analyzes the preparatory stage of the general fraudulent medical behavior,that is,the identification of the false medical advertising behavior,through the analysis of the implementation of the final subject behavior or not to determine the application of the crime of false advertising.The second section reveals the nature of fraudulent medical treatment as invalid medical treatment,and analyzes the nature of common defective medical behaviors such as active over-medical treatment,whether active over-medical treatment is fraud exemption,and medical insufficiency.The third section reveals the possible aggravating results of fraudulent medical treatment.