Research Of Application Of Law On Administrative Penalties For Illegal Medical Practice

It has been a problem for the public health bureau to eliminate illegal medical practice. Even though the administrative penalty is one of the effective methods, there are often disputes about how to recognize the subject of offense, behavior cognizance and application of law, which make it hard to carry out administrative penalties. Consequently, on the basis of elucidating the current situation of administrative penalties, the writer analyzes the causes of difficulty in dealing out administrative penalties to illegal medical practice, and proposes feasible recommendations for ameliorating the conditions. Concretely speaking, this article includes three basic parts.Firstly, it states the current situation of administrative penalties for illegal medical practice. This part expatiate the concept and current situation of illegal medical practice as well as the problems that appear when dealing administrative penalties to illegal medical practice, such as the existence of controversy over recognizing subjects of offense, identifying the behavior of illegal medical practice, and applying laws. This part mainly addresses what is illegal medical practice, its harmfulness, and the problems presenting when dealing administrative penalties.Secondly, it analyzes the causes of difficulty in dealing out administrative penalties to illegal medical practice. This part makes a detailed analysis from three different levels, including practical sites’ eligibilities, representations of illegal medical practice, and the problems encountered when enforcing related laws and regulations. According to the analysis, the writer concludes that the primary causes of difficulty are: both medical institutions and non-medical institutions’ condition of certificates is many and complex; the representations of illegal medical practice are various; there are not only ’gaps’ among laws and regulations but also ambiguous phrase in laws and regulations.Thirdly, it proposes some recommendations for improving the administrative penalty. The recommendations are based on the current laws and regulations, speculative knowledge of administrative jurisprudence, legislative ideas, and practice of law enforcement. They are feasible for resolving the disputes that turn up when recognizing the subjects of offense, identifying the behavior of illegal medical practice, and applying laws. The writer hopes these advises can make an improvement in dealing out administrative penalties to illegal medical practice such that the society can effectively strike and control illegal medical practice.