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非法行医罪和医疗事故罪在主体、客体、主观方面、客观方面各犯罪构成要件上都有区别,罪数形态上亦有区分,执业医师擅自脱离执业地点和不按执业类别、执业范围执业的行为应以非法行医论处,有证医疗机构的无证“医务人员”从事诊疗、护理等活动造成损害的应以非法行医论,无证人员无偿提供医疗服务的仍属非法行医行为,刑法立法上应当对此作出相应规定以资完善。
The crime of illegal medical practice and medical malpractice are different in the elements of crime, objectivity, subjective and objective aspects of crime. The number of crimes is also differentiated. The practicing physicians are separated from their places of practice and are not practicing in accordance with the categories of practice and practice. The act should be based on the theory of illegal practice, a certificate of medical institutions without card “medical staff ” engaged in diagnosis and treatment, care and other activities cause damage should be based on the theory of illegal practice, undocumented staff to provide free medical services is still illegal practice, criminal law Legislation should make corresponding provisions to improve this.