试论非法行医罪的罪过

对于非法行医罪等法定犯的行为犯、情节犯而言,行为人对危害结果的认识,可以直接体现在违法性认识上,其内容应当以行为人对行政法律法规的违法性认识为前提。非法行医罪只能是直接故意犯罪,不包括间接故意。非法行医罪结果加重犯的罪过形式,只能是过失,不应包括间接故意。

On the Crime of Illegal Medical Practice

In regard to the behavioral offence and the crime of circumstance of the statutory offence such as the crime of illegal medical practice, the cognition of the actor towards the harmful consequences could be directly reflected on the cognition of its illegitimacy. There should be a prerequisite of the actor's illegal cognition towards administrative regulations. Therefore the crime of illegal medical practice is the crime committed with direct intention, excluding indirect intention. The crime of illegal medical practice aggravates its consequential offence and should be culpa, which has nothing to do with indirect intention.