Study On Countermeasure Of Preventing And Curing Illegal Medical Practice

In these years,although the department of health administration have attacked the phenomenon of illegal medical practice and outlawded the large number of people and clinics which are illegal medical practice, the phenomenon of illegal medical practice still alive, which destroy the national health management order, harm the citizen's life and health right.The text combines the laws and regulations that has already issued and implemented, draft it in terms of health laws and regulations and criminal law, discuss the relevant knotty problems involved in practice, expect the department declares the measurement of penalty guilty accurately,and offer the countermeasure of preventing and curing illegal medical practice,hope to give some advices on preventing and curing illegal medical practice. The full text divides into four parts.First,the introduction of illegal medical practice.Discussing form the defination of medical behavior, drawing lessons from Japan,Taiwan and mainland scholar of our country of the understanding to practicing medicine, introducing the character of the medical behavior in current, it is a kind of profession to practice medicine. The illegal medical practice have been divided into two levels,broad definition and narrow defmition,and I have analyzed the involvement of illegal medical practice in narrow definition.In the following ,I have analyzed the reasons of existence and main pattern of manifestation of illegal medical practice,and introduced the situation in current and the significance of attacking illegal medical practice.Second, analyzing the legislation flaws of illegal medical practice. It mainly expounds the legislative punishment about illegal medical practice, and the development course from administrative statute to crime legislation to cure the phenomenon of illegal medical practice. Analyzing the defect of the legislation from terms of health laws and regulations and criminal law.In term of criminal law, the flaws legislation of criminal law are pointed out. In term of health laws and regulations, analyzing the flaws of manipulation and penalty degree,and pointing out the absence of function of doctor association.Third, the countermeasure of the legislation to prevent and cure illegal medical practice. The flaws about the legislation of illegal medical practice are pointed out in terms of health laws, regulations and criminal law,some suggestion is put forward.Finally,introducing the composite countermeasure of preventing and curing illegal medical practice. Preventing and curing illegal medical practice is a systematical engineering, consummating the legislation is not enough,we need composite Countermeasures. Some suggestion is put forward in the last part of essay.