Research On The System Of Connecting Penalty To Crime Of Illegal Medical Practice

Illegal medical practice is not only an administrative illegal act,but also a criminal act.It seriously disturbs the order of medical and health management and infringes on people’s life,health and property rights.In order to crack down on such illegal practices,the state combines administrative law enforcement with criminal justice to severely crack down on and punish the phenomenon of illegal medical practice.At the same time,in order to improve the system of investigating legal liability for illegal medical practice,the state has made clear the procedure of linking administrative law enforcement with criminal justice by promulgating relevant normative documents,such as the Provisions on Transferring Suspected Criminal Cases by Administrative Law Enforcement Organs and Provisions on Recepting Administrative Law Enforcement Organs Transferring Suspected Criminal Cases by Public Security Organs.From investigating administrative responsibility to investigating criminal responsibility,illegal practitioners stipulate many procedural safeguard requirements and rights and obligations in the transfer process of administrative organs and judicial organs.If the administrative law enforcement organs should immediately designate two or more administrative law enforcement officers to form a special case for suspected criminal cases that should be transferred to public security organs.The group is specially responsible for the transfer of written reports of suspected offences after verifying the situation.The effective connection between the crime of illegal medical practice and punishment has played a very good role in safeguarding human health and life safety,maintaining the order of medical and health management,intensifying the crackdown on illegal medical practice and guaranteeing the implementation of criminal law.Many illegal medical practitioners have been brought to justice and even investigated for criminal responsibility,giving full play to the teaching of law.The role of education,guidance,evaluation and punishment.At the same time,after so many years of fighting against illegal medical practice,the number of illegal medical practice has decreased to a certain extent,but every year,more people are convicted and sentenced for illegal medical practice,the phenomenon of illegal medical practice is still widespread,and there are a large number of repeat offenders.Therefore,it is necessary to re-examine and comprehensively analyze the criminal cohesion system of illegal medical practice crimes and to study and judge the non-legal cases against the background that the rule of law is deeply rooted in the hearts of the people,the concept of a country ruled by law is increasing,the consciousness of human rights protection is constantly improving,the principle of modesty of criminal law is widely used in the world and the concept of prudent use of penalties is generally accepted.Difficulties in the connection between criminal law and practice of medicine,such as immovable cases caused by subjective and objective factors,difficult cases caused by health administrative organs and judicial organs,too wide scope of identification of personnel who have not obtained medical practicing qualification,ambiguous provisions in serious cases and abuse of the 2+1 model,etc.Blind judicial worship caused by the enlargement of judicial cognizance,weak administrative consciousness of administrative organs according to law,backward administrative means and deviation of understanding of penalty by administrative law enforcement personnel.Therefore,some suggestions are put forward to improve the legislation,such as making a clear distinction between the administrative transfer standard and the criminal filing standard,strengthening the norm of the act of keeping a record,and correctly applying the principle of modesty in criminal law,such as that the qualified doctor should not belong to the subject of the crime of illegal medical practice,so as to narrow down the identification of the subject of the crime of illegal medical practice and clarify the execution of punishment.The adjusting objects of the convergence of the two laws are as follows: defining the judgment basis of dangerous crimes,defining the standard of two administrative penalties in the case of 2+1,perfecting the connection between administrative penalties and the results of criminal penalties.In practice,we should further improve the crime of illegal medical practice by taking the principle of criminal penalties as the precondition and enlarging the application of occupational prohibition orders.Suggestions on the system of connection between the two laws of execution have made good social and legal effects on the punishment of illegal medical practice.