On the unfinished form of the crime of the illegal medical practice
- VernacularTitle:试论非法行医罪的未完成形态
- Author:
Ling WANG
;
Chunming SHEN
- Publication Type:Journal Article
- Keywords:
Crime of illegal medical practice;
Unfinished form;
Circumstance crime;
Behavioral offense;
Indirect intentional crime
- From:
Chinese Journal of Medical Education Research
2005;0(06):-
- CountryChina
- Language:Chinese
-
Abstract:
To whether the unfinished form exist in the crime of illegal medical practice,the general theory of the criminal Law’s answer is negative.Because the crime of illegal medical practice is circumstance crime and behavior crime,its subjective motive includes indirect intent.In this article,by analyzing it,the author agrees with the common theory that preparatory crime and discontinuance of crime in the preparatory stage.do not exist in circumstance crime,behavioral offense and indirect intent ional crime,but insists thet attempted crime and discontinuauce of crime do exist.Then by comparatiae analysis on the difference beteem them and illegal medical practice,the author illustrate the identification criteria of attempting discontinuance of this crime and the actural illegal medical practice as wtll as the significance of this study.Finally,an example is given to support them.
