Research On Some Difficult Problems Of The Crime Of Illegally Practicing Medicine

Looking back on the earth-shaking changes in my country in various fields,the dramatic changes in the medical and health field can be regarded as unique.Since the convening of the 19 th National Congress of the Communist Party of China,the medical and health field has taken an unprecedentedly important position.At the same time,new forms of modern medical treatment have given more freedom and energy to medical communication.In the process of vigorously developing multi-level and diversified medical services,some criminals ignore the law and morality,and in order to seek illegal benefits,they use loopholes in medical administration to engage in various illegal medical practices and crimes,and wantonly destroy national medical and health care.The management order seriously affects the social order and stability.The rapid development and progress of China's medical and health care cause the crime of illegal practice of medicine,which has been established under the background of traditional medical care,to face great challenges in the application of this crime in the new medical environment that has emerged in the new era of rapid development.Therefore,in the new medical environment,it is still of great practical significance to continuously and deeply study the crime of illegal medical practice.This article mainly expounds the victim's commitment in the crime of illegal medical practice,the qualification of the subject,the identification of the nature of the medical behavior of special nature,and the demarcation between the crime of illegal medical practice and related crimes.Specifically reflected in the following aspects:The first part discusses the effect of the victim's commitment in the crime of illegal medical practice.Specifically discusses the concept of the victim's commitment,the components of the victim's commitment,the reasons and effectiveness of the victim's commitment in the crime of illegal medical practice.The article argues that there are six elements in the composition of the victim's effective commitment.In terms of the determination of the effectiveness of the victim's commitment in the crime of illegally practicing medicine,the article analyzes the effectiveness of the commitment of the patient in the two cases of knowing and ignoring the illegal practice of medicine.The authors argue that the client's commitment is ineffective in both cases.The second part studies the subject qualification of the crime of illegal medical practice.There are "narrow sense","broad sense" and "compromise theory" for the identification of not having obtained a doctor's qualification.The article believes that the "narrow sense" is more preferable.The article holds that a person who is qualified to practice and meets medical conditions and only engages in medical activities beyond the place of practice does not constitute the criminal subject of this crime;those who engage in medical activities beyond the category or scope should be identified as the criminal subject of this crime.Intern doctors who are not for profit in order to increase their knowledge reserves and clinical experience should not be identified as the subject of this crime.Rural medical personnel who carry out medical activities in rural areas and medical personnel who have obtained a rural doctor's practice certificate do not meet the subject conditions of this crime;Whether cosmetic physicians engaged in medical activities are eligible subjects for this crime depends on whether they have relevant medical qualifications.Beauty consultants who engage in activities related to their identity cannot become eligible subjects of this crime.Physicians engaged in traditional Chinese medicine health-preserving activities who engage in business in the field of traditional Chinese medicine for the purpose of treating diseases may be eligible subjects for this crime.The third part makes an in-depth analysis on the identification of the nature of several special medical behaviors.There are four main modes of online consultation in mobile healthcare.Providing consulting-type consultations and online pharmacists' business behaviors that do not involve disease judgment or prescribing are not illegal medical practices.Unlawful sex reassignment surgery without a doctor's qualification certificate can constitute the crime of illegal medical practice.Fetal sex identification for non-medical purposes cannot constitute the crime of illegal medical practice.The fourth part of the article defines the crime of illegal practice of medicine and related crimes.Specifically,it analyzes the difference between the crime of illegal practice of medicine,the crime of medical malpractice and the crime of intentional homicide from four aspects: violation of legal interests,objective elements of crime,main elements and the form of crime.The article reminds: pay attention to the concept of the crime of illegal contraceptive operation,pay attention to the genus relationship between it and the crime of illegal medical practice;when the illegal practice of medicine leads to serious consequences such as casualties of the patient,attention can only be applied to the crime of illegal medical practice.