1, the subject is a natural person with criminal responsibility;

2. Subjective behavior is intentional;

3. The object is the national medical and health management system, and the secondary object is public health;

Objectively speaking, it is a serious situation that people who have not obtained the qualification of practicing medicine illegally practice medicine.

The penalty for the crime of illegal medical practice is divided into three sentencing ranges:

1, "If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined";

2. "Those who seriously damage the health of patients shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and fined";

3. "Whoever causes death shall be sentenced to fixed-term imprisonment of not less than ten years and fined".

To sum up, the subject of the crime of illegal medical practice is a general subject, but it is generally a person who has not obtained the qualification of a doctor.

Legal basis:

Article 336 of the Criminal Law of People's Republic of China (PRC)

Crime of illegal medical practice A person who has not obtained the qualification of a doctor illegally practices medicine, and if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or control, and shall also or only be fined; Those who seriously damage the health of patients shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and fined; Whoever causes death shall be sentenced to fixed-term imprisonment of not less than 10 years and fined.

Crime of illegal birth control operation

Whoever, without obtaining the qualification of a doctor, performs contraceptive recanalization surgery, fake contraceptive surgery, pregnancy termination surgery or takes out intrauterine devices for others without authorization, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; Those who seriously damage the health of patients shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and fined; Whoever causes death shall be sentenced to fixed-term imprisonment of not less than 10 years and fined.