The details of the Supreme Judicial Court reveal the issue background of judicial explanation of practising medicine illegally

The details of the Supreme Judicial Court reveal the issue background of judicial explanation of practising medicine illegally
The details of the Supreme Judicial Court reveal the issue background of judicial explanation of practising medicine illegally
Person without license deliver a child, cause the intersection of baby and death illegally, have card set up illegally clinic deliver a child illegally the intersection of mother and baby and pair die without licences, each lifelike life left this world in this way, the illegal practice of medicine has already become a fact into a great public hazards of society. Recently, what the Supreme People's Court announced has stipulated clearly five kinds of illegal practice of medicine can be according to the crime " about hearing and practising medicine the explanations of several questions of concrete application law of criminal case illegally " Punish. On the 13th, the relevant persons in charge of research room of the Supreme People's Court revealed the whole story issued in this judicial explanation to the reporter. Phenomena exist in some places especially the countryside, jointing department in urban and rural areas in a large amount to practise medicine in illegality that underground black clinic activity is rampant ", have upset medical order and social security of service market seriously, has endangered the people's health and life security. " Speaking of the issue background of this judicial explanation, this person in charge says. It is introduced, in 2004, health authorities attacked the special renovation activity practising medicine illegally sternly in the whole country, according to the incomplete statistics, the case arises more to investigate and prosecute 70,000 together, has banned site of more than 50,000 illegal practice of medicine. However, practise medicine in practice illegally and the medical question of service market is still very severe. On March 30, 2005, the State Council released about attacking the commerce and swindling the notice of the special action, regard attacking the special action of practising medicine an important content among them illegally thoroughly nationwide as. This person in charge says, some black clinics and false medicine, itinerant doctor remain incessant after repeated prohibition, practise medicine without licences phenomena still exist with jointing departments of urban and rural areas in a large amount in some places, especially countrysides, and spread to the urban community. Medical organizations are driven by the economic benefits even more, it is not that the technical staff of the hygiene practise medicine to engage, hire out, contract the department, behavior of this kind of illegal practice of medicine has greater duplicity to patients. " underground venereal disease clinic " It is rampant that with some and has not been examined and approved without authorization and has been engaged in the illegal activity of making a diagnosis in venereal disease etc., become the hot problem that the society pays close attention to. It practises medicine crime to be and crime dispute old illegally " in the practice, practised medicine illegally guilty subject, crime and non- guilty standard question have had a greater dispute all the time. " This person in charge tells reporters, in practice, to that it has never had final conclusions to imitate the regulation about illegal activities of practising medicine illegally how to be covered by criminal law guilty regulation and operation medicine of practising medicine illegally of the first paragraph of article 336. The crime subject asserts and stores the dispute to this to practise medicine illegally, will " draft the judicial explanation on hearing criminal case of practising medicine illegally to classify as the work program in the research room of the Supreme Judicial Court. " This person in charge explains, later, supported by relevant departments such as Ministry of Public Health,etc., surveyed and studied, discussed, revised and solicited the opinion extensively, has drafted, issued this judicial explanation finally many times. It is revealed in drafting course of judicial explanation, how to assert that the guilty subject has been disputed on bigger all the time practising medicine illegally. The view thinks, revise the stylish crime of illegal practice of medicine that increased in 1997 criminal law, mainly for some in the society there is no medical special knowledge at all, type the shop sign curing the sickness to save the patient, defraud of the wealth, damage the doctors of towns and villages all over the country of the people's life and health. Also the view thinks, according to the regulation of " operation medicine in the People's Republic of China was imitated " implemented on May 1, 1999, the guilty subject should be the person not obtaining doctor's practicing qualification to practise medicine illegally. Obtain doctor's practicing qualification including doctor's qualification and practicing qualification, have doctor's qualifications only, without practicing qualification, can commit subject of this crime too. A view is pointed out even more, even if obtain doctor's practicing qualification, but violate the regulation that operation medicine imitated, ultra practising place, type of job, scope of business practise medicine, should crime punish according to practise medicine illegally too. "Asserting, should distinguish the behavior of illegal practice of medicine of crime of illegal practice of medicine and administrative statute in the criminal law meaning strictly of crime subject as to practising medicine illegally. " This person in charge points out, not only can't attack the surface to cross can't indulge criminals widely but also; Limited to, have medical the intersection of education and people of background only neither, can't to the intersection of medical practitioner and out-of-range, classification, activity of making a diagnosis of place either, declare guilty according to the illegal practice of medicine without exception. This person in charge emphasizes, for violating the regulation that operation medicine imitated, it is engaged in activity of making a diagnosis to exceed the practising place, type of job, scope of business registered, should not be regarded as the criminal offense and dealt with at present. Practise medicine of a serious nature to commit the regulation of the first paragraph of article 336 of criminal law of crime illegally, practise medicine of a serious nature to commit the crime illegally. Whether the plot is serious, it is crime and non- guilty important standard. This person in charge thinks, what the crime of practising medicine illegally is infringed is complicated object, management order and health, life security of visit people to medical organization and medical matters employee of namely the country. Because of this, respect such as being subjective and malignant from the consequence, to extent of injury and actor of the public health of article 2 of judicial explanation is considered, to " of a serious nature " Situation carry on regulation. (the intersection of reporter and Yuan make wave piece also Rong)


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