多次行政处罚后构成非法行医罪的相关问题研究

Research on the Constitutes of Illegal Medical Practice Crime after Several Administrative Penalty

非法行医现象在我国很普通,它严重扰乱了医疗服务市场秩序,给人民群众的身体健康和生命安全带来很大的威胁。我国刑法规定未取得医生执业资格的人非法行医,被卫生行政部门行政处罚两次以后,再次非法行医的,应以非法行医罪处理。然而,理论界和实践中对非法行医中的违法与犯罪的界限理解的不同,造成了实践中行政执法与刑事司法的衔接障碍,所以有必要对此问题进行深入研究。

The phenomenon of illegal medical practice is widespread in our country. It has seriously disrupted the medical services order and caused a great threat to people＇s health and safety. Although the health administrative departments have launched nationwide activities to crackdown the illegal practice of medicine, the illegal practice still exists. The criminal law states that someone who has not obtained le- gal medical qualification should be dealt with the crime of illegal medical practice after twice administrative punishment. However, the theory and the practice have different understanding of this clause, resulting in the obstacles of administrative law enforcement and criminal justice. So it is necessary to conduct in-depth study on this issue.