非法行医罪相关争议的解决路径

The Solutions to Disputes about Illegal Medical Practice Crime

因为种种客观因素的影响,非法行医现象在我国广泛存在,并已造成严重的社会影响。利用刑罚手段规制相对更为恶劣的非法行医行为已经成为必然,非法行医罪应运而生。司法实践需要相关法律理论的指引,而目前我国理论界有关非法行医的理论尚不完善,对其进行更为系统深入地探讨有其必要性。非法行医罪的主体为特殊主体,对其范围应当作更为广泛的理解。非法行医罪的客体为复杂客体,其中就诊人的人身权利为主要客体。非法行医罪的客观方面,应当作更为全面的概括界定。具体界定非法行医罪时,采用严格的相关标准以及引进期待可能性理论均有必要。

Because of several objective factors, illegal medical practice occurs frequently nowadays in our country, and has already become a rather important problem in the society. As a result,using penalty to regulate severer illegal medical practice has become necessary, so illegal medical practice crime appears. Judicial practice needs the guidence of the theory of laws, but our country＇s relavant theory about illegal medical prsctice crime is not rational until nowadays, and it is of great importance to improve it. The subject of this kind of crime should be limited in certain kinds of people, the rang of these kinds of people should be expanded; The object of this kind of crime is complexity object, in which, the health of the patients is of utmost importance. The objective aspect of this kind of crime should be defined more accurately. In order to research illegal medical practice crime, both stricter standards and the theory of anticipated possibility are necessary tools.