What should be paid attention to when determining the crime of illegal medical practice?

Persons who have not obtained the qualification for practicing medicine engage in medical activities without authorization, and serious acts constitute the crime of illegal medical practice. Illegal medical practice is likely to delay the opportunity of disease treatment and wrong treatment. And endanger the safety of human life. It is an act explicitly prohibited by our laws, and our criminal law clearly defines this serious act as a crime. So how to identify the crime of illegal medical practice in criminal law, and what should be paid attention to when identifying the crime of illegal medical practice? This paper introduces these two issues as follows. 1. How to identify the crime of illegal medical practice 1? The object of the crime of illegal medical practice is the state's management system of medical institutions and the public's life, health and safety. 2. The objective requirement (1) must be to engage in medical activities without authorization. Medical activities mainly refer to the diagnosis and treatment, that is, the activities of diagnosing diseases through various examinations, eliminating diseases, relieving illness, alleviating pain, prolonging life and improving pathological or physiological conditions with the help of drugs, instruments and surgery. (2) the act of engaging in medical activities without authorization must reach the level of "serious circumstances". 3. Main Elements The main body of this crime, that is, people who have not obtained the qualification for practicing medicine, including China people, foreigners and stateless people, does not constitute this crime. 4. Subjective elements This crime is intentional in subjective aspects. In the result of causing casualties of patients, the actor committed indirect intention rather than professional negligence. Second, when determining the crime of illegal medical practice, we should pay attention to the situation of * * * concurrent crime, as follows: 1. Hiring people without professional qualifications to practice medicine can be regarded as the subject of the crime of illegal medical practice by employers, but does it necessarily constitute the crime of illegal medical practice by employers? This should be treated according to different situations: people who know that employees are not qualified are qualified subjects, but hiring people who are not qualified because they are deceived by employees (such as using fake medical certificates) should not be punished as illegal medical practice, because it does not meet the subjective elements of the crime of * * * *, that is, there is no intention of * * * *. 2. How to deal with the serious consequences caused by the behavior of one of several people who illegally set up a clinic in partnership? Other partners should be dealt with on the same charge. Because these people run a clinic in partnership, their criminal intentions are the same. Although the actions of other partners have not directly caused serious consequences, the existence of illegal clinics has created conditions for the occurrence of illegal medical practice and has an unshirkable responsibility for the occurrence of criminal results. Of course, the punishment for these people should be divided into responsibilities, that is, the person in charge and the direct actor should be treated as the principal offender, while others should generally be treated as accomplices. 3. Lend (lease), transfer or sell the Practice License of Medical Institution, and others use the license to practice medicine illegally, resulting in serious consequences. Can lending (leasing), transfer or seller be punished as illegal medical practice? Should be punished as * * * illegal medical practice. The reason is that the actor uses his license to practice medicine illegally without obtaining a legal license for others, and his behavior makes it more hidden for others to practice medicine illegally, making it more convenient for others to practice medicine illegally and more likely to cause harm to society. However, it should be noted that the behavior of the perpetrator generally only plays an auxiliary role in others' illegal medical practice, so it should be given a lighter or mitigated punishment as an accessory. 4. Does it constitute the crime of illegal medical practice that relatives and friends provide places for illegal medical practitioners free of charge? This problem should be treated separately and cannot be generalized. In practice, when relatives and friends provide material assistance to illegal medical practitioners, they often don't know what conditions they should have to set up medical institutions, and there is no law stipulating that relatives and friends have the obligation to review this situation. Under normal circumstances, relatives and friends only help in a general sense, without any profit-making or other illegal purposes, and subjectively without the same criminal intent, it is not appropriate to be punished as a * * * for the crime of illegal medical practice. However, those who knowingly provide convenience for illegal medical practitioners without "two certificates" and cause serious consequences shall be punished as accomplices in the crime of illegal medical practice. 5. How to deal with nurses and handymen working in illegal medical institutions, such as accountants and security guards? This mainly depends on whether the above-mentioned personnel subjectively have the same intentional behavior as others, that is, whether they know that their medical institution does not have a Medical Institution Practice License. If you know that the institution does not have a Medical Institution Practice License, it means that the above-mentioned personnel have at least known that the institution is in an illegal state, and its behavior objectively contributes to serious consequences, so naturally it should be treated as an accessory to the crime of illegal medical practice. Of course, if China's entry into the WTO is short and has little effect and causes serious consequences, it should only be treated as a general illegal act, and criminal responsibility will not be investigated. The above is an introduction about how to identify the crime of illegal medical practice and what should be paid attention to when identifying the crime of illegal medical practice. We know the constitution of the crime of illegal medical practice and the matters needing attention when identifying the crime of illegal medical practice. When determining this crime, especially when * * * commits the same crime, we should distinguish between crime and non-crime, this crime and that crime. Although the process is relatively complicated, there is a lot of room for manoeuvre, so once a crime is involved, it is best to turn to a professional lawyer to help you protect your legitimate rights and interests to the maximum extent through professional knowledge and rich litigation experience.