略论非法行医罪的主观方面

通过我国刑法的罪过理论分析,认为非法行医罪的基本犯罪的主观方面为故意,包括间接故意,并不要求牟利的目的的理解,才符合我国现行刑法的规定。并且,认为本罪的结果加重犯的罪过形式为典型的复合罪过,即过失和间接故意,并给出了自己的理由。

On the Subjective Aspect of Illegal Practice of Medicine

There exist many disputes in the subjective aspect of illegal practice of medicine in the area of penal code theories in China.This article,based on an analysis of the theory of guilty mind of the criminal law in our country,argues that the basic of the subjective aspect of the crime under discussion is its intention,including indirect intention,but not necessarily an understanding of the purpose of profit-making.Only a comprehension as such meets the provision of our current criminal law.The author also argues that the said crime's offence form as result-aggravated crime is typically that of compound guilty mind,i.e.,negligence and indirect intention.