Research On Several Of The Crime Of Unlawfully Practicing Medicine

In recent years,driven by the huge profits in the medical profession,the increasing of the illegal medical activities,particularly in the rampant of rural and urban areas,disrupting medical market order and people's life and property security,have attracted strong dissatisfications and protests.Therefore,in 1997 the crime of illegal medical practice was added in the criminal law and reveals the state's determination to combat illegal criminal activity.However due to the generality of the legislative language,there appeared all sorts of understanding and interpretation of the illegal medical acts,which seriously impair the effect and efficiency of hitting the illegal practice of medical criminal activity.Although,on the 2008 April 29,the supreme people's court on the interpretations of the trial of the criminal cases of illegal medical applications (here in after referred to as the "explanation")was published,still there is no fund a mental solutions of the problems,Based on the engineering example,comparative analysis,the empiral analysis and other methods,the article deals with the four problems existing in the fadicial practice of the illegal medical activities.The article is divided into 4 parts. Chapter 1:through the analysis of the explanation,the confirmation of the doctor qualification should take physical elements,practicing physician should be deemed as a qualified one.And any lack of those things,it belongs to no physician is constituing the crime.At the same time,to transcend registered location,category and scope of the behavior,practicing activity cannot be direct subject.Chapter 2:through direct subjective aspects about the different views of the analysis,the author thinks that the crime of illegal.medical practise is the basic subjective intention,but it dosen't repel the indirect intention in the criminal law world.Death caused by illegal medical practice or other serious consequences listed on the subjective aspect,the offender shall be negligent.Chapter 3:This chapter introduces several on illegal medical behavior and the casual relationship between the standard of different thoeries,obtained the practicing for the illegal behavior and the casual relationship with the standard,wether from the necessary medical equipment and person are in appropriate behavior in the two aspects of convert analysis.Chapter 4:The chapter firstly affirmed that the crime of illegal medical practice is identified.And then through the analysis of the status of different academic point of view ,it solved the qualitative problem in the joint crime of the illegal medical application. At the same time,together three special cases,in the crime were analyzed.