孙某犯非法行医罪案例评析

Case Analysis on Sun's Committing the Crime of Illegal Medical Practice

孙某因涉嫌非法行医罪,一审被判处十年有期徒刑,二审改判为三年有期徒刑。改判的背后,反映了我国目前对非法行医罪的认定仍然存在不少的困扰,其中包括已取得医师资格证者能否成为非法行医罪的犯罪主体、卫生行政部门所出具的《医学技术讨论意见》能否成为定案依据、"造成就诊人死亡"的认定标准是什么等,本文结合案例对相关问题进行了评析。

On suspicion of the crime of illegal medical practice, Sun was sentenced to 10 years imprisonment at the first trial, and was commuted to 3 years imprisonment at the second trial, which revealed that currently the cognizance of the crime of illegal medical practice still exists many problems in China, including whether those who have already obtained doctor qualification certificate can become main body of the crime of illegal medical practice crime, whether The Discussed Opinions of Medical Technical made by the health administrative department can be the basis of verdict, and what is standard of patient＇s death cause, etc.. Based on the cases, the author analyzed related issues in this paper.