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打击非法行医行为一直是卫生行政部门重要的工作职责之一,对于一般的无证行医人员,依照《医疗机构管理条例》以及《中华人民共和国执业医师法》中的相关条款已经足够对其进行惩戒,但对于部分顽固和死灰复燃的非法行医人员,行政处罚已经不足以惩罚其违法行为,需要依照《中华人民共和国刑法》中的相关条款予以刑事立案。《中华人民共和国刑法》第三百三十六条规定:未取得医生执业资格的人非法行医,情节严重的,处三年以下有期徒刑、拘役或
The fight against illegal medical practices has always been one of the important responsibilities of the health administrative departments. For ordinary undocumented practitioners, it has been enough to punish them according to the relevant provisions in the Regulations on the Administration of Medical Institutions and the Law of the People’s Republic of China on Practicing Doctors However, for those illegal practitioners who are stubborn and resurgent, the administrative penalties are not enough to punish their illegal behaviors and need to file a criminal case in accordance with the relevant provisions in the Criminal Law of the People’s Republic of China. Article 366 of the Criminal Law of the People’s Republic of China stipulates that anyone who fails to obtain the qualifications of a doctor to practice medicine illegally shall, if the circumstances are serious, be sentenced to fixed-term imprisonment of not more than three years, criminal detention or