Subject Of The Crime Of Illegal Medical Practice

The crime of illegal practice of medicine is not obtained the qualification for practicing the illegal practice of medicine, serious behavior. The crime of illegal medical practice is a crime, since the establishment of the offense, to prevent and combat acts of illegal practice of medicine in the medical practice in China has played a positive role in the newly established China’s1997Criminal Law. China’s "Criminal Law" Article336provides that:"without obtaining the qualification for practicing the illegal practice of medicine, the circumstances are serious three years imprisonment, criminal detention or control, or impose a fine gold; serious damagehealth treatment, three to ten years in prison and fined; causes death, term imprisonment and fined." Led to some defects and deficiencies of the Act stipulates that too simple and relevant departments did not make timely judicial interpretation, our theoretical circles that the main body of sin finds a lot of controversy. In this context, the study of the main problems is quite necessary. Start from the main body of the crime of illegal medical practice, the main problem of the crime of illegal medical practice, and put forward some suggestions for improvement.The article is divided into four parts. The first part is an introduction, mainly on the research background of the crime of illegal practice of medicine, Research and research value. The second part is about the crime of illegal medical practice the main problem of identification, I believe that is the focus of the main study. Mainly commenced discussions "have obtained the qualification for practicing "identified,"Not for a doctor’s professional qualifications",Units can become the subject of the crime of illegal medical practice identification and accomplice of the crime of illegal medical practice identified. The third part is about the illegal practice of medicine the main crime of the three types of special circumstances, including rural doctors, interns and medical beautician, these three types of whether the subject is able to constitute the main body of the crime of illegal medical practice? The fourth part of the main body of the crime of illegal medical practice suggestions for improvement, including the revision of the guilt of the crime of illegal medical practice, clearly "without obtaining the qualification for practicing "range and the crimes committed by units included in the scope of the subject of the crime of illegal medical practice. The four parts around the concept of the main body of the crime of illegal medical practice study, designed to compensate for the vulnerability described in simple legal provisions in China’s "Criminal Law", in order to better use in judicial practice criminal law to solve the problem of the illegal practice of medicine, and ultimately to achieve the purpose of maintaining health management order and protect people’s health and life safety.