One, illegal practise medicine has what case to belong to serious
Basis " top people court about hearing case of criminal of illegal practise medicine specific application law the explanation of a certain number of problems " have one of following state the 2nd times, should maintain for criminal law the 336th illegal practise medicine of the first regulation " the clue is serious " :
(One) the; that causes person seeing a doctor to spend deformity, organ gently to organize injury to bring about general function obstacle
(2) cause nail kind the; that contagion transmission, popularity perhaps has transmission, popular risk
(3) use holiday medicine, bad medicine or the wholesome material that do not accord with a country to set a standard, medical apparatus and instruments, enough endangers the; of human body health badly
(4) after illegal practise medicine is punished twice by wholesome service administration, again the; of illegal practise medicine
(5) the case with other severe scenario.
2, how should be blame of illegal practise medicine maintained
1, the bounds of this blame and blame of unskillful and faulty medical or surgical treatment
Both is in the consequence that goes up objectively to build achievement possibly to examine person dies or damage health of body of person seeing a doctor badly, their distinction basically depends on:
(1) subject is different. The main body of this blame is not to have a doctor hold the person of job seniority, after that the main body of the blame is medical personnel.
(2) subjective side is different. This crime humanness dies to causing person seeing a doctor or injure person seeing a doctor badly the psychological attitude that healthy sequential place supports, can be error already, also can be indirect and intended, and before what serious to causing undesirable consequence holds the blame psychological manner can be error only.
(3) impersonal aspect is different. This blame causes person seeing a doctor to die or the reason of healthy serious consequence can be behaved already for responsibility error, also can be technical error, after that the blame is confined to responsibility error, technical error does not make crime.
2, the dividing line that illegal practise medicine sends a person to die or damages blame of health of body of person seeing a doctor and intended homicide, intended harm badly
Behavior all caused the consequence of personal casualty, distinction depends on:
(The main body of this 1) blame is special main body, be confined to did not obtain a doctor hold the person of job seniority, after that the main body of 2 blames is general main body.
(2) subjective side is different. This crime humanness is to become estranged too to the psychological manner of serious and undesirable consequence indirect and intended, after that the subjective side of 2 blames is direct and intended or indirect intended, do not include unpremeditated crime.
(3) happening situation is different. This blame happens at do sth without authorization to pursue course of medical treatment activity in, after that the situation that 2 blames produce is not restricted hereat.
(4) object is different. This blame the object of enroach on is the administrative system that the country works to medical treatment sanitation and communal sanitation, after that the life health right that 2 blames violate specific citizen only, not the administrative system that enroach on country works to medical treatment sanitation.
3, the dividing line that illegal practise medicine sends a person to die or damages health of body of person seeing a doctor and error badly to send person death suffering, error to send a person to weigh a blame
3 blames all caused the consequence of personal casualty, distinction depends on:
(1) subject is different. The main body of this blame is special main body, did not obtain a doctor namely hold the person of job seniority, after that the main body of 2 blames is general main body.
(2) subjective side is different. The psychological attitude that this crime humanness supports to serious and undesirable consequence is to become estranged too indirect and intended, after that the subjective side of 2 blames is error, do not include indirect and intended.
(3) happening situation is different.
(4) object is different.
According to the regulation the clue basically involved pain of illegal practise medicine badly 4 kinds of case. Must want to obtain corresponding qualificatory certificate to just go first when practise medicine treats a disease, otherwise if belong to illegal practise medicine. And be in our country, to the behavior of illegal practise medicine, its were achieved really when the clue is serious, ability can be maintained to be blame of illegal practise medicine. And if caused serious harm because of illegal practise medicine right now result, appeared namely the circumstance that the patient dies, the punishment that makes to behavior person right now then also is met heavier.
