兩岸非法行醫處罰規範的比較與檢討

Comparison and Review of the Punishment Regulations for Illegal Medical Practice on Both Sides of the Taiwan Strait

現代的醫師證照制度，發軔於19世紀的歐洲，發展至今，世界主要國家或地區均設有大同小異的醫師證照制度，兩岸亦然。簡言之，醫師證照制度，就是以法律規範行醫資格，具有合法執業醫師資格者，得執行醫療業務；反之，若有不具資格者，卻擅自執行醫療業務，應受法律處罰。
在臺灣，非法行醫者，依臺灣醫師法第28條，成立犯罪；在中國大陸，非法行醫者，依中國大陸醫師法第59條，處以行政處罰，但若情節嚴重，則依中國大陸刑法第336條，成立犯罪。整體而言，兩岸的醫師證照制度，以及非法行醫的處罰規定，存有些許不同，或許值得相互借鑑。對此，建構醫師證照制度的多元路徑，以及非法行醫處罰規定的罪刑均衡，應是制度革新方向。

The modern physician licensing system began in Europe in the 19th century. Today, major countries or regions in the world have similar physician licensing systems; the same is true for Taiwan Area and Mainland Area. In short, the physician licensing system is a legal framework that regulates medical qualifications. Those who have a valid physician’s license are authorized to practice medicine; conversely, those who do not have the necessary qualifications but still practice medicine are subject to legal penalties.
In Taiwan, illegal practice of medicine is a crime according to Article 28 of the Taiwan Area Physicians Act; in Mainland China, according to Article 59 of the Mainland Area Physicians Act, illegal practice of medicine is punishable by administrative penalties. However, if the circumstances are serious, it is a crime according to Article 336 of the Mainland Area Criminal Code. Overall, there are some differences in the physician licensing system and the penalties for illegal medical practice on both sides of the Taiwan Strait. Perhaps we can refer to each other. This paper believes that there should be multiple options for taking physician licenses, and penalties for illegal medical practice should be paid to the balance between crimes and punishments. These are the directions for legel reform.