Chinanews.com, December 27 According to the website of the Supreme People's Court, medical and health undertakings are related to the vital interests of the people and are extremely important projects for people's livelihood and people's hearts. Some illegal medical practice activities in society have disrupted the normal medical order and seriously harmed the lives and health of the people. The Supreme People's Court has punished crimes related to the illegal practice of medicine in accordance with the law, actively participated in comprehensive management, and built a solid line of defense against related crimes and the construction of a healthy China.
After years of targeted crackdown and comprehensive management, illegal medical crimes have been effectively curbed, and normal medical order and a good medical environment for the people have gradually taken shape. In recent years, the number and number of illegal medical crimes have been declining year by year. From 2018 to 2022, courts across the country concluded more than 3,800 criminal cases of illegal medical practice in the first instance, and sentenced more than 5,700 people. Among them, the number of cases concluded in the first instance in 2022 decreased by about 50% compared with 2018, and the number of cases concluded decreased by about 46% compared with 2018. However, under the temptation of illegal interests, such crimes are still repeatedly prohibited, and in order to avoid crackdowns, they show new characteristics such as more and more hidden places, large mobility, and repeated fines, and the types of cases involved have also extended from traditional fields to emerging fields such as medical cosmetology and assisted reproduction, posing a threat to the lives and health of the people.
In order to give full play to the role of typical cases as warnings, education, and guidance, 6 typical cases of illegal medical practice crimes that have been concluded by the people's courts since 2018 are hereby released. Among these cases, there are not only the case of Yu Mou's illegal practice of medicine that caused the death of a person by using feudal superstition to prescribe a prescription containing poisonous ingredients, but also the case of Song Moulan's illegal birth control surgery that caused the death of a person by illegally carrying out birth control surgery without a license; there is the case of Song Moumin, who engaged in medical cosmetology without a license, causing a slight disability, and the case of Wu Mourong, who illegally engaged in the application of human assisted reproductive technology, causing minor injuries; there is the case of Xu Mouyue, who has been engaged in oral diagnosis and treatment without a license for a long time, and there is also the case of Wu Moujuan's illegal practice of medicine, which involves obstetrics and gynecology, knowing that others have no qualifications to practice medicine, but still contracting out the hospital clinic to cause death, medical cosmetology, assisted reproduction, oral and other different fields, with strong representativeness. The trials of these cases have demonstrated the people's courts' stance of upholding the supremacy of the people and safeguarding the fundamental interests of the people, and have sent a strong signal that the people's courts have severely punished crimes of illegal medical practice in accordance with the law.
Case 1
Yu's illegal medical practice
-- Using feudal superstition to prescribe medicines containing poisonous ingredients, causing death
(1) Brief facts of the case
Defendant Yu X, male, Han ethnicity, born on January 27, 1987, primary school education.
Defendant Yu X did not have a doctor's license and treated others in Zhao County, Hebei Province through acupuncture and massage in the name of feudal superstition of "seeing incense". On June 7, 2021, Yu X treated the victim Du Moufang for menstrual irregularities. Yu prescribed medicine for Du Moufang in the name of the "master", and instructed and helped Du Moufang to boil the broken intestine grass into a decoction and drink it. During this period, Du Moufang's husband Chen Mouli (the victim) thought that he was weak and asked Yu if he could drink the decoction, and Yu said that he could. On the 17th of the same month, Du Moufang, Chen Mouli and others were poisoned after drinking the decoction, and Chen Mouli died due to drug poisoning.
(2) Judgment results
The Intermediate People's Court of Shijiazhuang City, Hebei Province, held after trial that the defendant Yu X had not obtained a doctor's license to practice medicine, and used feudal superstition to create a sense of mystery to prescribe medicine for others, and then instructed others to take medicine, causing the death of the person taking the medicine, and his conduct constituted the crime of illegal practice of medicine. Yu X had circumstances such as voluntarily turning himself in, admitting guilt and accepting punishment, and his relatives compensating part of his economic losses on his behalf during the second-instance trial. Accordingly, Yu X was sentenced to nine years and six months imprisonment and fined 20,000 yuan for the crime of illegally practicing medicine.
(3) Typical significance
In recent years, some institutions or individuals lack the qualifications to practice medicine and use feudal superstition to illegally carry out diagnosis and treatment activities, seriously endangering the health of the broad masses of the people. In this case, the defendant Yu X engaged in diagnosis and treatment activities without a license, used feudal superstition to create a sense of mystery to prescribe medicine to others, and instructed the victim to take medicine in violation of regulations while knowing that he was physically deficient, causing the serious consequences of the death of one person, and should be punished in accordance with law.
Case 2
Case of Song Moulan's illegal birth control surgery
-- Illegal birth control without a license, resulting in death
(1) Brief facts of the case
Defendant Song Moulan, female, Han nationality, born on February 22, 1968, first Chinese.
Defendant Song Moulan did not have a doctor's license and operated a pharmacy in Lezhi County, Sichuan Province. Between 1997 and 2019, Song Moulan performed pregnancy termination surgery or intrauterine device removal for 10 people in the pharmacy she operated without authorization. On February 12 and March 21, 2019, Song Moulan successively performed pregnancy termination surgery for the victim Xiong Moujun in the pharmacy. At about 5 o'clock on March 23, Xiong Moujun died. It was determined that the cause of Xiong Moujun's death was consistent with sepsis, and he did not undergo systemic anti-infection treatment during the treatment of "uterine evacuation surgery", which caused sepsis.
(2) Judgment results
The People's Court of Lezhi County, Sichuan Province, and the Intermediate People's Court of Ziyang City, held after trial that the defendant Song Moulan had not obtained a doctor's license to practice medicine, and had performed pregnancy termination surgery and removed intrauterine devices for others without authorization, causing the death of one person, and his conduct had constituted the crime of illegally performing birth control surgery. Song Moulan compensates the victim's relatives for economic losses and obtains forgiveness, and may be given a lenient punishment at their discretion. Accordingly, Song Moulan was sentenced to 11 years in prison and fined 10,000 yuan for the crime of illegally performing birth control surgery.
(3) Typical significance
The right to reproduce has a bearing on the reproduction of mankind and on the health of the broad masses of the people. Some lawbreakers illegally carry out birth control operations without obtaining relevant qualifications, which not only disrupts the order of medical management, but also seriously infringes on the health and even life safety of citizens. In this case, the defendant Song Moulan knew that she did not have the qualifications to practice medicine, but still performed birth control operations for many people in the pharmacy she operated, resulting in the death of one person, which should be punished in accordance with law. This case also reminds young people of childbearing age to cherish their bodies and choose formal medical institutions for birth control surgery if necessary to ensure their health and life safety.
Case 3
Case of Song Moumin's illegal practice of medicine
-- Engaging in medical cosmetology without a license, causing a person to be mildly disabled
(1) Brief facts of the case
Defendant Song Moumin, female, Mongolian, born on May 30, 1987, first Chinese.
Defendant Song Moumin did not obtain a doctor's license or a medical institution's license. In October 2018, Song Moumin and others carried out medical cosmetology business in the hair art store of a leased Guangxi Trading Co., Ltd. On April 11, 2019, the victim Liu Mouming received laser freckle removal treatment at the store. Song Moumin's careless operation caused Liu Mouming's left eye to be injured by a laser, resulting in retinal hemorrhage, retinal tears, and decreased vision after vitreous hemorrhage in Liu Mouming's left eye (blind grade 4), constituting a serious injury of grade 2 and a disability level of 8.
(2) Judgment results
The Qixing District People's Court of Guilin City, Guangxi Zhuang Autonomous Region, held through trial that the defendant Song Moumin engaged in medical activities without obtaining qualifications such as practicing as a doctor, causing the victim to suffer mild disability and general dysfunction due to organ and tissue damage, and the circumstances were serious, and his conduct constituted the crime of illegal medical practice. After Song Moumin was brought into the case, he truthfully confessed the facts of the crime and pleaded guilty and accepted punishment. Accordingly, Song Moumin was sentenced to one year and two months in prison and fined 10,000 yuan for the crime of illegally practicing medicine. After Song Moumin appealed, the victim's forgiveness was obtained during the second trial, and the Guilin Intermediate People's Court changed the sentence to 10 months imprisonment and a fine of 8,000 yuan.
(3) Typical significance
In recent years, with the continuous improvement of the living standards of the masses of people and the continuous pursuit of a better life, the demand for medical cosmetology (hereinafter referred to as medical cosmetology) has become increasingly strong. In order to pursue high profits, some personnel and institutions illegally carry out medical aesthetic services such as plastic surgery, liposuction and slimming without qualified qualifications, which frequently cause medical aesthetic accidents, which not only damage the normal medical management order, but also directly endanger the health and life safety of the people. In this case, the defendant Song Moumin did not have the qualifications to practice medicine and illegally engaged in medical aesthetic acts, causing a slight disability, which should be punished in accordance with law. The handling of this case, on the one hand, has sounded the alarm for beauty institutions and related practitioners, and they will be held legally responsible for practicing medicine without a license or engaging in medical aesthetic behavior "beyond the scope", and on the other hand, it also reminds the majority of beauty lovers to carefully identify whether practitioners and places have qualified qualifications when choosing medical aesthetic services, so as to avoid being deceived.
Case 4
Wu Mourong's illegal medical practice case
-- Illegal use of human assisted reproductive technology causing minor injuries
(1) Brief facts of the case
Defendant Wu Mourong, female, Han nationality, born on December 3, 1988, technical secondary school education.
Defendant Wu Mourong did not obtain a doctor's license to practice medicine, and worked at a health consulting company in Guangzhou, Guangdong Province, which was not registered for industry and commerce and was not a medical institution. During this period, Wu Mourong and others engaged in illegal egg retrieval, egg trading, "surrogacy" and other illegal businesses for a long time in a building in Tianhe District, Guangzhou City. On July 23, 2019, the victim Zhang XX (female, minor) was introduced and led by Cai XX (female, minor) to sell eggs at the company. Wu Mourong did not verify the victim's true age and identity, that is, he arranged for others to conduct a physical examination for the victim and administer ovulation induction injections for several consecutive days. On August 4 of the same year, Wu Mourong arranged for others to drive Zhang Moumou to a villa for egg retrieval surgery. After that, Wu Mourong paid Zhang Moumou and Cai Moumou a remuneration of 17,000 yuan. On the 9th of the same month, Zhang Moumou sought medical treatment for "severe ovarian hyperstimulation syndrome", and after being admitted to the hospital, he underwent a full-thickness incision of the abdominal wall and inserted a drainage tube to drain the ascites effusion. After evaluation, the degree of Zhang's injury was a second-degree minor injury.
(2) Judgment results
The Tianhe District People's Court of Guangzhou City, Guangdong Province, and the Guangzhou Intermediate People's Court found through trial that the defendant Wu Mourong had not obtained a doctor's license to practice medicine, arranged for others to conduct physical examinations for the victims, administered ovulation induction injections, performed egg retrieval surgeries and other medical acts in places where he had not been approved to practice medicine for many consecutive days, and enticed and organized minors to sell eggs, causing serious harm to the minors' physical and mental health, and the circumstances were serious, and his conduct constituted the crime of illegal medical practice. After Wu was brought into the case, he truthfully confessed the basic facts of the crime, and has compensated the victim for economic losses and obtained forgiveness. Accordingly, Wu Mourong was sentenced to two years in prison and fined 500,000 yuan for the crime of illegally practicing medicine.
(3) Typical significance
The application of human assisted reproductive technology has brought hope to families with fertility disorders. In order to obtain illegal benefits, some lawbreakers illegally use human assisted reproductive technology to carry out illegal activities such as egg retrieval and "surrogacy" regardless of the health of relevant personnel, which strongly impacts the bottom line of ethics, morality and law, seriously affects social order and stability, and should be punished in accordance with law.
Case 5
Case of Xu Mouyue's illegal practice of medicine
——Engaging in oral diagnosis and treatment for a long time without a license
(1) Brief facts of the case
Defendant Xu Mouyue, male, Han nationality, born on April 4, 1977, has a secondary school education.
On July 20, 2017, the people's court sentenced defendant Xu Mouyue to eight months imprisonment, suspended for one year, and fined RMB 30,000 for illegally practicing medicine without obtaining a doctor's license, with a probationary period from August 4, 2017 to August 3, 2018. Xu Mouyue carried out oral diagnosis and treatment activities at his home in Donghai County, Jiangsu Province for a long time during and after the probation period. On May 28, 2019, Xu Mouyue was arrested red-handed and transferred to the public security organs.
(2) Judgment results
After trial, the Donghai County People's Court of Jiangsu Province found that the defendant Xu Mouyue had not obtained a doctor's license to practice medicine, had been administratively punished by the health administrative department for illegally practicing medicine many times, and had been criminally punished for committing the crime of illegally practicing medicine, and that he still practiced medicine without a license during and after the probation period of probation, and the circumstances were serious, and his conduct constituted the crime of illegal medical practice. After Xu Mouyue was brought into the case, he truthfully confessed the facts of the crime and pleaded guilty and accepted punishment. Accordingly, Xu Mouyue was sentenced to 10 months imprisonment and a fine of 30,000 yuan, which was concurrently punished with the sentence imposed in the original judgment, and it was decided to enforce the sentence of one year imprisonment and a fine of 30,000 yuan.
(3) Typical significance
In recent years, with the increasing improvement of living standards, the broad masses of people have paid more and more attention to oral health. Some criminals take advantage of the current strong demand for oral diagnosis and treatment services to illegally carry out oral diagnosis and treatment, threatening the health of the majority of patients. The defendant in this case, Xu Mouyue, has been administratively punished many times for illegally practicing medicine, and has also been criminally punished for the crime of illegal practice of medicine.
Case 6
Wu Moujuan's illegal medical practice
-- Knowing that others do not have the qualifications to practice medicine, they still contract out the hospital clinic to the outside world, causing death
(1) Brief facts of the case
Defendant Wu Moujuan, female, Han nationality, born on January 2, 1972, college education. On June 19, 2018, she was revoked as a nurse practitioner for performing non-medically necessary fetal sex determination.
Defendant Wu Moujuan is the legal representative of a hospital in Jinjiang City, Fujian Province. Since February 2018, Wu Moujuan has outsourced the lithotripsy department of the hospital to Chen Moufeng for external diagnosis and treatment activities knowing that Chen Moufeng has not obtained a doctor's qualification. On July 20 and 25, 2020, Chen Moufeng twice performed extracorporeal shock wave lithotripsy surgery on the victim Wang Mouyan in the lithotripsy department of the hospital, and prescribed three drugs: diclofenac sodium suppositories, Jingshiling tablets, and dangshi tablets for Wang Mouyan to take. Wang Mouyan died of physical discomfort after surgery and was sent to the hospital for rescue. After identification, Wang died of urinary calculi after extracorporeal lithotripsy with acute purulent infection of the urinary tract, infection caused by gastrointestinal hemorrhage, and hemorrhagic shock caused by massive bleeding of the digestive tract on the basis of urinary system stones and chronic inflammation of both kidneys and left ureters, atrophy and scarring of both kidneys. There is a direct causal relationship between Chen's illegal medical practice and Wang's death, with a participation rate of 60%-80%. On April 15, 2021, Wu Moujuan voluntarily surrendered.
(2) Judgment results
The Jinjiang City People's Court of Fujian Province and the Quanzhou City Intermediate People's Court held through trial that the defendant Wu Moujuan, as the legal representative of the hospital involved in the case, clearly knew that others did not have doctor's qualifications, and provided venues and conditions for others to illegally engage in medical activities, causing the death of a patient, and was an accomplice to the crime of illegal medical practice, and should be investigated for criminal responsibility in accordance with law. Wu Moujuan played a secondary role in the joint crime, was an accomplice, and had circumstances such as turning herself in, actively compensating the victim's relatives for economic losses, and obtaining forgiveness. Accordingly, Wu Moujuan was sentenced to three years in prison and fined 50,000 yuan for the crime of illegally practicing medicine.
(3) Typical significance
Mainland laws and regulations clearly prohibit medical institutions from leasing or contracting departments in violation of regulations. However, in order to obtain high profits, some medical institutions ignore the prohibitive provisions of the law and lease or contract their internal departments in violation of regulations, which is extremely confusing and harmful, and should use various legal means to crack down on the whole chain. In this case, the defendant Wu Moujuan, as the legal representative of the hospital, disregarded the legal provisions and professional ethics and allowed Chen Moufeng to contract the hospital's departments to carry out diagnosis and treatment activities even though he knew that he was not qualified to practice as a doctor, causing the serious consequences of the death of one person, seriously infringing on the legitimate rights and interests of patients, and disrupting the normal medical order. The handling of this case also further clarifies that the managers of medical institutions have unshirkable responsibility for the management and supervision of diagnosis and treatment activities. The vast number of medical establishments and individuals shall strictly abide by laws and regulations, and jointly maintain normal medical order.
Source: China News Network
Editor: Xiang Yanhong
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