Study On The Crime Of Illegal Medical Practice In The View Of Traditional Chinese Medicine

Since the promulgation of the Chinese medicine law,the interpretation and application of the crime of illegal medical practice has brought about the influence of legislation in special fields.Through empirical research,historical investigation and other research methods,this paper opens a window to broaden the scope of vision for the crime of illegal medical practice,that is,the vision of Chinese medicine.This paper introduces the origin of the subject,the present situation of research at home and abroad and the difference in concept,introduces the localization characteristics of Chinese medicine in theory and clinic,and makes the necessary help and reference for the later analysis and theory.Starting from the standpoint of traditional Chinese medicine,this article examines the elements of the constitutive elements of the current crime of illegal medical practice.From the law article,this article analyses the way of thinking,and makes an overview and comment on the subject,behavior,result,illegal hindrance,type of liability and infringement of legal interests in the case of illegal practice of medicine.Medical crime has a comprehensive understanding,and then the view of traditional Chinese medicine is opened on the basis of this,so as to provide the necessary criminal theory basis for the study of the crime of illegal practice of medicine under the view of traditional Chinese medicine.With the positivism and the care of real life,this paper makes an empirical study on the cases of illegal medical practice in the view of traditional Chinese medicine.Through reading,analyzing and classifying a large number of cases,we have a comprehensive understanding of the application of the crime of illegal medical practice in Chinese medicine in real life.In order to summarize the corresponding problems from the judicial practice,and carry out the investigation of Chinese medicine laws and regulations with the awareness of problems.This article has carried out the analysis of the reality and history of the law.Through the analysis ofthe constitution,the law of traditional Chinese medicine,the rites of Zhou,the law of the Tang Dynasty and the law of the yuan,this article further accumulates and supports the interpretation of illegal medicine in the view of traditional Chinese medicine.This paper puts forward the principle and foundation of the interpretation of the crime of illegal medical practice in the view of traditional Chinese medicine.Based on the above premise work,this paper makes a concrete analysis and explanation around the relevant disputes and practical problems in theory.