The Study On The Illegal Practice Case Of Du Zhifang

Since the crime of illegal medical practice in the1997《Criminal Law》, due to the high degree of generality of the legislative language, information about the Crime in the criminal theory and judicial practice has been disputed. In this thesis," Du Zhifang illegal practice" as an example, the following sections of this crime were researched.The first part is the basic case presentation and the disputes of "Du Zhifang of illegal practice".The second part focuses on the following three aspects. Firstly, with regard to the identification of "the doctor qualifications", this is the main element of the crime of illegal medical practice. From the purpose of the criminal law and harmful to the society, qualification for practicing connotation was explored, combined with the Supreme Court interpretation. Secondly, the identification of the Cause-and-effect relationship is discussed. This article adopted that is whether there is cause between the illegal medical practice acts and harm results. Once again, identification on the emergency rescues behavior in the process of illegal practice of medicine. Specific identification will comply with the causes of conditions, restrictions and Subjective Prerequisite.The third part mainly expounded on the author’s recognization and judgment to this case, as well as several proposals in judicial practice.This paper based on the need of justice practice, combined with the case it is a typical and controversial case, with reference to relevant legal laws and regulations and carried on the preliminary discussion, hope to judicial practice of this crime that can have certain enlightenment.