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Legal Issues of illegal practice

Author: ChenZuoYu
Tutor: YangSuiQuan
School: Sichuan University
Course: Legal
Keywords: Illegal practice Qualification Civil liability for damages
CLC: D922.16
Type: Master's thesis
Year: 2007
Downloads: 172
Quote: 0
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Abstract


In recent years, with the deepening health system reform, health care market more open, national unification pattern has been broken. Social, collective and individual multi-run hospitals, medical treatment is difficult to solve the people's problems. However, due to managerial oversight, some criminals reckless, illegal practice of medicine and sell drugs, unscrupulously deceptive scam, seriously disrupting the pharmaceutical market order, endanger people's lives and property safety, and ruined the image of the government and the medical staff. Although crack down on illegal practice of medicine special rectification actions yielded good results, but the current illegal practice is still widespread, and even intensified the trend, and not easy to be administrative law enforcement, criminal law enforcement agencies found. Subject to find a doctor who Shiyou mostly caused disability, death and other serious consequences, to explore the reasons both historical reasons, there are a range of social reasons, the illegal practice of medicine to survive in the soil. In order to curb the phenomenon of illegal medical practice, and enhance awareness of prevention, and earnestly safeguard the interests of people's health, I do in this article. Illegal practice of medicine, refers to the act without obtaining the qualification for practicing, in violation of state health regulations, engaging in medical activities, as opposed to the concept of legal practice to produce, they do not meet the medical and health laws and regulations, license conditions and the behavior engaged in medical activities belong to the illegal practice of medicine. Therefore, the performance of a variety of forms, not only in a narrow sense illegal practice, but also including non-medical institutions or medical institutions beyond the scope of services, treatment activities, some of the staff at the clinic pharmacies illegal practice the use of computer programs or health care equipment for illegal medical activities, medical institutions contracted rental sections of the act and so on. Firstly, the concept of illegal medical practice acts, status and the formation of historical and social reasons, the constituent elements and, uncover the veil of illegal medical practice, on the illegal practice of medicine have a more comprehensive understanding, to avoid falling into their trap. Because the current masses deceived, mainly on the illegal practice of medicine and the manifestation of insufficient understanding of hazards, followed by illegal medical practitioners must bear some legal responsibility, criminal, administrative and civil liability. This article focuses on analysis of tort liability for damages from the application of law, the compensation of the basic principles of responsibility principle and illegal practice of medicine acts and damage to the causal relationship between the results of the burden of proof, judicial appraisal, compensation standards and content aspects are discussed. Finally in view of increasing prevalence of social harm, make some sound supervision and management measures for illegal practice of countermeasures, treating the symptoms, explore the long-term regulatory mechanism to strengthen law enforcement and severely punish illegal acts, developed a set of rules and regulations regulate medical practices, crack down on illegal and criminal activities of illegal medical practice, medical rectify market order, strengthen medical institutions to manage, regulate professional behavior, so that the medical services market order has been significantly improved. China's medical and health services in order to promote the healthy development, protect people's lives and health and safety

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CLC: > Political, legal > Legal > Chinese law > Administrative law > Culture, education, health management Act
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