非法行医罪若干问题探讨

Discussing Several Issues of the Crime of Illegal Practice

非法行医罪是我国1997年新刑法第三百三十六条第一款设定的新罪名。由于新设罪名的不周延,导致在对于非法行医造成病人死亡或者严重损害就诊人身体健康等理论上存在很大分歧,争议颇大。对于非法行医罪的结果加重犯应着重考虑非法行医与结果之间的直接因果关系,被害人的承诺不应成为阻却非法行医的事由,我国内地非法行医的共犯问题较为常见,而网络空间的医疗行为也有可能被认定为非法行医。

The crime of illegal practice is new offence of article 1 of the 336th of the new penal. As the new offence is not enough scope, it exists considerable difference in the theory which the illegal practice results in patient deaths or human health is deamaged seriously. For the crime of illegal practice, we should focus on the direct causal relationship between the illegal practice and the results of the crimiral who increases the reasuh of crime treatment. illegal pra to iden For the protection of the interests of victims, the promise of victims ctice. The problem of illegal medical accomplice in our courtry inland medical acts of the network sapce with illegal practice. should not be a commitment to the is more common, and it is possible