Analysis Of Criminal Judgment Of Illegal Medical Practice Cases In Hebei Province

In order to comply with the requirements of The Times,in 1997 the criminal law stipulates clearly that the crime of illegal medical practice,make it as a clear independent crime,the crime of illegal medical practice clear establishment conforms to the principle of legality and for a phase to meet the requirements of principle and the setting for people’s health and the development of medical and health undertakings have played a positive role,make the practice for the crime of illegal medical practice do the laws But since set up the crime of illegal medical practice,academic circles for this controversy,such as for the main body of this crime object There are many different theories in many aspects such as conviction,sentencing and distinction with similar charges.The academic community has made very profound and original opinions on the substantive issues of the crime of illegal medical practice,but the case of illegal medical practice is in the criminal procedure.This article is through research the criminal cases of illegal practice medicine in Hebei province in recent five years,found that the crime of illegal medical practice by analyzing the written judgment problems in criminal procedure,and then puts forward the corresponding Suggestions The author through the analysis about the crime of illegal medical practice in Hebei province in recent five years in the criminal judicial documents,found in the criminal litigation problems mainly include the following: first,the crime of illegal medical practice in Hebei province the regional differences,between 11 cities in Hebei province of first instance about the crime of illegal medical practice There is a great difference in the number of judgment documents of the second instance,which indicates that there is a great difference in the punishment of illegal medical practice cases in Hebei Province,and the punishment intensity needs to be adjusted.In view of this problem,the author suggests to increase the intensity of prosecution of illegal medical practice cases.Second,the crime of illegal medical practice in Hebei province in the appraisal standard is not unified In the crime of illegal medical practice,the behavior of illegal medical practice under the condition of the patient body damage,to determine the level of patient injury through the identification and illegal behavior person the criterion for the conviction of practicing medicine,but in the judicial practice,the appraisal standard is not unified,there are mainly two kinds of views in the community,a view that the behavior of illegal medical practice for the patient health damage is a damage behavior,should be applied in the identification of human body injury disability classification;While another view is that the behavior of illegal medical practice for the patient health damage is different from general damage behavior,should according to disable grade,with reference to the ministry of health medical accident classification standard(trial),in this article,the author’s view is the behavior of illegal medical practice to the patient’s health and damage behavior is not the same,suitable appraisal standard should be a medical accident classification standard(trial),only applicable unified appraisal standard,can the correct identification of damage to person body,to the perpetrators of illegal medical practice is more just and criterion for the conviction.Third,the overall low sentencing in the cases of illegal medical practice in Hebei Province,because the cases of illegal medical practice have a bad impact on the people’s health and the national medical and health management order,but in the judicial practice,there are low sentencing for the cases of illegal medical practice,more applicable to the suspension of sentence And the viewpoints of this article is in view of the judicial practice of illegal practice medicine behavior person sentenced to more than low the number of sentences and sentenced to probation,shall set up the legal punishment of the crime of illegal medical practice science,it will reduce the court because of legal punishment set higher and lighter deliberately seek to reduce the plot of the situation,so as to make the behavior person deserves punishment of illegal medical practice.Fourth,the crime of illegal medical practice in Hebei province experts assist people to appear in court Because experts auxiliary to appear in court for litigation value goal and the realization of the litigation efficiency has very important significance,but in the crime of illegal medical practice in criminal judge,experts assist people to appear in court is very few,aiming at this problem,suggestion of this paper is to perfect the crime of illegal medical practice in the expert system of auxiliary people to testify Fifth,the crime of illegal medical practice in Hebei province the quality is not high In judicial practice,there are problems such as non-standard determination of sentencing circumstances and insufficient detail of reasoning part of judgment.In view of this problem,the suggestion of this paper is to standardize the discretion of sentencing in cases of illegal medical practice to implement the litigation requirements centered on trial and strengthen the reasoning of sentencing in cases of illegal medical practice.There are four sections in this article The first part is the overview of criminal judicial documents,this part discusses the concept and characteristics of criminal judicial documents through type structure and function,on the criminal judicial documents have a comprehensive and profound understanding,criminal judicial documents to resolve the dispute To judge the referee process and result announcement made by the referee to the world become the demonstration of code of conduct and to the judge in the various activities in the process of judgment supervision plays a very big role.The second part analyzes the 2016 to 2020 in Hebei province in recent five years criminal judicial documents about crime of illegal medical practice,through to the crime of illegal medical practice in Hebei province in recent five years the number of judicial documents and content for the data statistics and analysis,and respectively in different type written judgment Criterion for different results Document evidence types and regional differences in the crime of illegal medical professional and technical personnel to participate in conditions of the five years of data are classified research by the referee and histogram pie charts and line chart the results of study on intuitive form of embodiment.The third part is to analyze the judicial status quo of the crime of illegal medical practice in Hebei Province through the foregoing,and find the problems existing in the judicial practice of the crime of illegal medical practice.For example,the regional differences in the judgment of the crime of illegal medical practice in Hebei Province are large.The judgment and sentencing of cases of illegal medical practice in Hebei Province were generally low;Few expert assistants appear in court in the cases of illegal medical practice in Hebei Province.The application of judgment and appraisal standard of illegal medical practice in Hebei province is not uniform;The judgment quality of illegal medical practice crime cases in Hebei Province is not high,mainly in the determination of the sentence circumstances are not standard and the judgment reasoning is not detailed problems and so on.The fourth part is aiming at the above problems,the connection theory,so as to put forward their own solutions.First,strengthen the prosecution of illegal medical practice crime cases;Second,scientifically set up the legal punishment of illegal medical practice;Thirdly,improve the system of expert assistant appearing in court in cases of illegal medical practice;Fourthly,it clarifies the identification standard in the case of illegal medical practice;Fifth standardize the discretion of sentencing in the case of illegal medical...