Unlicensed operation refers to the behavior of enterprises or individuals engaging in industrial or commercial activities on their own without being approved for registration and issued with a business license by the administrative organ for industry and commerce.
The determination of the crime of illegal practice of medicine:
1 Object aspect. The object of the crime of illegal practice of medicine is the state's management system of medical institutions and the public's life and health safety.
2 Objective aspect. The objective aspect of the crime of unauthorized practice of medicine, and the unauthorized practice of medical activities, must reach the degree of "seriousness of the circumstances".
3 subject. The main body of the crime of illegal practice of medicine is a special subject, that is, not qualified to practice medicine, including Chinese, foreigners and stateless persons, the unit does not constitute the crime.
4 Subjective aspect. The subjective aspect of the crime of illegal practice of medicine has behavioral intent, rather than criminal direct intent, that is, knowing that they do not have the qualification to practice medicine, but still engaged in medical activities.
Legal basis:
The Criminal Law of the People's Republic of China
Article 336
Illegal practice of medicine crime of illegal practice of medical practice of a person who has not obtained the qualification to practise medicine, the circumstances of the seriousness of the crime shall be sentenced to fixed-term imprisonment of not more than three years, detention, or control, and or a single fine; serious damage to the patient's Physical health, shall be sentenced to imprisonment of not less than three years and not more than ten years, and shall be fined; cause the death of the patient, shall be sentenced to imprisonment of not less than ten years, and shall be fined.