The illegal practice of medicine has the dual illegality of administrative and criminal violations,and its linkage mechanism is composed of two structural systems:entity and procedure.The connection between administrative sanctions and criminal sanctions for illegal medical practice in China adopts the model of administrative law prior legislation,which sets up the dual responsibility of administrative and criminal,and provides legal protection and institutional space for the linkage mechanism.The current mechanism for the connection of illegal medical practice and execution has problems such as unclear elements of substantive judgment and poor operation of procedures.The refinement of the mechanism should take the different positions of the interests of the law of illegal practice of medicine in administrative law enforcement and criminal justice as the"guiding mark"of judgment.In terms of entity,clarify the definitions of the main body of the practice of medicine,medical behavior,and aggravating elements in the administrative law and criminal law.In terms of procedures,the principle of priority application of administrative procedures is clarified,the rules of evidence conversion are clarified,the problem of identification initiation is eliminated,the power coordination between connecting subjects is strengthened,so as to promote the further improvement of health governance ability and governance level.
illegal medical practiceLinkage Mechanism between administrative sanction and criminal sanctionadministrative offenselegal interest protection
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