In China,The Criminal Law stipulates three core elements of the crime of illegal practice of medicine:the illegal prac-tice of medicine by a person who has not obtained the medical qualification,the circumstances are serious and the health of the patient is seriously damaged,and the death of the patient is caused.In judicial practice,there are great differences on the identification of"not obtaining the medical qualification","practicing medicine"and"causing the death of the patient"."Not obtained the doctor's license"can not be interpreted as"has obtained the qualification of medical practitioner but not obtained doctor's practicing license",but should be interpreted as"not having obtained the certificate of medical practitioners"."Practicing medicine"shall be limited to the practice of medical behavior as a business profit-making behavior,and the practice of medical behavior that does not have the purpose of profit and only occasionally targets specific individuals cannot be identified as the crime of"practicing medicine";the aggravating circumstances of the result of"causing the death of the patient"should be limited to the scope of the causal relationship between the occurrence of the death result of the patient and the illegal practice of medicine in criminal law.
关键词
非法行医罪/医生执业资格/行医/就诊人死亡
Key words
illegal medical practice crime/qualification for medical practice/practice medicine/the death of the patient
万方数据