The Crime Of Medical Practice Should Be Limited

The application of the crime of illegal medical practice has been debated in both theoretical and practical circles.This crime has many points to discuss in the subject scope,the determination of legal interests,the connotation of “serious circumstances”,the causality of death caused by illegal medical practice,the subjective fault,the range of sentencing and so on.The theoretical research on illegal medical practice mainly focuses on the discussion of a single requirement,and there is a lack of research on the trend and scope of judicial application.Although the judicial interpretation in 2016 made corrections and revisions to the subject,the connotation of“serious circumstances”and the definition of medical behavior to a certain extent,it failed to fundamentally settle disputes.The scope of application of the crime of illegal practicing medicine should be interpreted centering on the determination of legal interests.The single theory of legal interests agreed in this paper holds that the interests of the protection of the crime of illegal practicing medicine only lie in the life,health and safety of citizens.On this premise,the crime of illegal medical practice as the main body are limited to the failed state of practicing doctor’s qualifications,don’t know anything about medical expertise and medical skills,practice would endanger life to the extent of health and safety.Due to the requirements of modesty and supplement of criminal law and prohibition of repeated evaluation,many questions have been raised about the provision that the administrative punishment for two times is defined as the prerequisite of the crime of illegal medical practice.Those who illegally practice medicine again after the second administrative punishment and receive criminal punishment shall,according to the literal interpretation,constitute the evaluation subject in the sense of criminal law together with the previous two acts.However,if the perpetrator continues to practice medicine illegally again,according to the principle of prohibition of repeated evaluation,the behavior can not be included in the scope of criminal system evaluation,but this is contrary to the original malignancy.In terms of sentencing range,the starting point of the crime of death caused by illegal medical practice is the same as that of intentional injury.As a special law,it is far beyond the sentencing range of the general crime of negligent death,which is undoubtedly unreasonable.This paper also puts forward suggestions for modification.