“非法行医”在审判实务中表现极其复杂且形态多样。最高人民法院颁布的《关于审理非法行医刑事案件具体应用法律若干问题的解释》中规定了五种非法行医类型,认定非法行医与危害结果之因果关系时,应结合条件说和禁止溯及理论,以行为人对于特定危害结果的可预见性为前提,借助医学专业知识和技能进行判断。非法行医罪的基本犯罪构成主观要件应为故意,对加重结果行为人应为间接故意或者过失。不以牟利为目的以及被害人承诺均不阻却非法行医罪成立。 The practice of “illegal practice” is extremely complex and diverse in the trial practice. The Supreme People’s Court promulgated the “Interpretation of Several Issues Concerning the Specific Application of Law in Trial of Criminal Illegal Medical Practices,” which stipulated five types of illegal medical practice. When determining the causal relationship between illegal medical practice and the result of the harm, we should combine the theory of conditions with the prohibition of retroactivity, Based on the perpetrator’s predictability of the outcome of a particular hazard, the judgment is based on medical expertise and skills. The basic elements constituting the basic crime of illegal medical practice should be intentional, and should be indirect intentional or negligent to those who aggravate the result. Not for profit for the purpose and the victim promised not to stop illegal medical practice was established.