The Substantive Meaning of the Crime of Illegal Medical Practice with "Serious Circumstance"

The "national medical management order" is not a legal benefit protection for the crime of illegal medical practice. Disrupting the medical management order cannot be used as the substantive punishment basis for this crime. The existing single legal interest theory and dual legal interest theory have defects. The protection of legal interest in the crime of illegal medical practice should be public health safety. The crime of illegal medical practice is a specific dangerous crime, and the punishment is based on the specific danger that the behavior is enough to cause harm to the public's life safety and physical health. A substantive explanation should be adopted for the "serious circumstance" in the criminal case to determine whether the medical behavior has reached a level of danger that is enough to harm the safety and physical health of unspecified or majority individuals. For the punishment of illegal medical practice after receiving twice administrative penalties, for the purpose of protecting public health safety, restrictions should be imposed on the degree of illegality, the subject of illegality, and the interval between illegalities, and the principle of prohibiting repeated evaluations should be adhered to.