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我国刑法第三百三十六条将非法行医罪的主体限定为“未取得医生执业资格的人”。迄今为止,理论界与实务界对非法行医罪的探讨多集中于其主体资格以及客观方面的认定之上,而并未对非法行医罪的共犯问题给予充分的关注。实践中,不乏取得医生执业资格的人与未取得医生执业资格的人共同非法行医的案件,因此如何合理认定非法行医罪的共犯问题,亟须探讨。
Article 336 of the Criminal Law of the People’s Republic of China defines the subject of the crime of illegal medical practice as “the person who has not obtained the qualification of doctor’s practice.” So far, the discussion of the crime of illegal medical practice by theorists and practitioners has focused more on the qualification of the subjects and on the determination of objective aspects, but has not paid enough attention to the issue of accomplices in the crime of illegal medical practice. In practice, there is no shortage of cases where doctors qualified to practice medicine and people who have not obtained the qualifications of doctors practiced illegally practicing medicine. Therefore, it is imperative to study how to reasonably determine the issue of complicity in the crime of illegal medical practice.