"Licensed doctor law" in violation of the relevant provisions of the constitution. "" manufacturing inequality, discrimination, self-taught, deprived of the individual doctor's labor rights. And in violation of relevant provisions of the legislation law ""
           A, manufacturing inequality
    "Doctors" law of the people's Republic of China hereinafter referred to as the "medical practitioners law" was adopted by the third meeting of the Standing Committee of the people's Republic of China the Ninth National People's Congress on June 26, 1998 law
     1, "medical practitioners law" article forty-third "before the promulgation of this Law in accordance with the relevant provisions of national medical professional and technical titles and medical professional and technical positions, identified by the administrative department of health shall be reported to the people's government at or above the county level organization, shall obtain the corresponding doctor's qualification"
     The Ministry of health in accordance with the provisions of that ownership by the whole people health institutions. The medical professional and technical titles and medical professional and technical positions in business units and collective health unit doctor. Deny (not identified denied) hundreds of thousands of individual doctors legitimate physicians, Chinese teachers
     The same is China citizens, legal China with doctors, both in legal medical institutions from a medical professional and technical work, "medical practitioners law" only that the ownership by the whole people health institutions. The medical professional and technical titles and medical professional and technical positions in business units and collective health unit of doctors, not identified (the fact that deny) individual doctors legitimate physicians, physician qualification, causing many legitimate individual doctors (about 20 more than 10000) become illegal doctors, many legitimate private clinic (about 13 more than 10000) become illegal clinics. There are many rural doctors (about 130 more than 10000) did not solve the problem of physician qualification. This is the individual doctors, village doctors extremely unfair! This is a violation of "constitution" article thirty-third "provisions; citizens of the people's Republic of China are equal before the law"
     2, medical practitioners law "," Ninth has one of the following conditions, may participate in the examination for the qualifications of medical practitioners:
(a) "has the higher school undergraduate medical education, under the guidance of practicing physicians, in Institutions of medical treatment, prevention, health care in the trial period of one year";
    Article tenth "with a higher education specialist medical education or secondary specialized school of medical education, under the guidance of practicing physicians, in Institutions of medical treatment, prevention, health care in the trial period of one year, can participate in the examination of assistant practicing doctors' qualifications".
    What is the higher schools and secondary specialized school of medical education in higher schools and secondary schools? Meaning vague, not strictly defined. High school education departments approved and filed and middle school is higher and secondary school. No approval and filing is not higher and secondary school? National accreditation diploma is medical professional education, the national not recognized diploma is not the medical professional qualifications?
    Since the "medical practitioners law" mainly in terms of concept meaning vague, general, no strict definition, the Ministry of health does not require legislative authorization can be interpreted arbitrarily licensed physician law > "interpretation of the legislation
    The Ministry of health to explain that "medical practitioners law" ninth article and the provisions of article tenth, Diploma of higher education can be as part of medical professional qualification examination registration basis. "After October 31, 2002, adult higher education, self-taught examination, all kinds of institutions of higher learning in Distance Education of medical specialty education not as a practicing physician qualification examination basis"
    "In September 1, 2001 after enrollment, secondary specialized school medicine without obtaining the education administrative departments above the provincial level and above the provincial level, the approval of the administrative department of health of Chinese medicine, not reported to the administrative department of Education under the State Council for the record of the qualifications, the qualifications are not as physician qualification examination registration qualifications basis"
    "After September 1, 2001, school personnel, the medical adult technical secondary school degree not as physician qualification examination registration qualifications basis"
    The same is China citizens, with the high school and Middle School of medical graduates, with higher school national recognition and secondary medical professional diploma, the Ministry of health identified as, Diploma of higher education can be as part of medical professional qualification examination registration basis, Graduate Medical Adult Higher Diploma in education. The higher education self-study medicine professional diploma and adult secondary medical education is not as to participate in the examination the physician qualification basis. This is the self graduates, school graduates and adult technical secondary school graduates greatly not fair! Is a violation of the constitution > > < thirty-third; "Regulations of the people's Republic of China are equal citizens" in before the law
   "People's Republic of China Constitution" hereinafter referred to as the "constitution" in December 4, 1982 (Fifth Session of the National People's Congress adopted at the fifth session of the National People's Congress on December 4th 1982 year announcement promulgated under the April 12, 1988 seventh session of the National People's Congress adopted by the first session of the "people's Republic of China constitution amendment", in March 29, 1993 eighth session of the National People's Congress the first meeting of the general assembly through the "people's Republic of China constitutional amendment", in March 15, 1999 ninth session of the National People's Congress passed the second meeting of the "people's Republic of China constitutional amendment" and in March 14, 2004 the Tenth National People's Congress second conference adopted "the people's Republic of China constitutional amendment" correction)
    "The constitution" stipulates that the thirty-third; "citizens of the people's Republic of China are equal before the law."
    "Licensed doctor law" provisions of article forty-third, only that the national, collective, enterprises and public health unit doctor qualification, deny individual doctors legitimate practitioner of Chinese medicine, Chinese medicine scholar qualifications. The Ministry of health to explain that the provisions of the relevant examination the physician qualification physician law, diploma higher education in medicine can be used as attending physician qualification examination registration basis. But after October 31, 2002, the adult higher education, self-taught examination, all kinds of Higher School of distance education, in September 1, 2001 after the enrollment of adult technical secondary school medical education not as a medical qualification examination registration basis, in accordance with "constitution" thirty-third; "citizens of the people's Republic of China are equal before the law" in conflict and so is illegal, there is no legal effect
    "The constitution" stipulates that the fifth "; all the laws, administrative regulations, local regulations may contravene the constitution." and "medical practitioners law" provisions of article forty-third. The provisions of article ninth and the provisions of article tenth, release that conflict with the "constitution" stipulates that the thirty-third solutions and the provisions of the Ministry of health on physician law the ninth regulation and tenth, so the "medical practitioners law" provisions of article forty-third, the provisions of article ninth and article tenth provisions, and the Ministry of health's explanation that is illegal, is not legally binding, it shall revoke the, change or declared invalid
           Two, discrimination self-taught
     1, "medical practitioners law" article ninth has one of the following conditions, may participate in the examination for the qualifications of medical practitioners:
(a) "has the higher school undergraduate medical education, under the guidance of practicing physicians, in Institutions of medical treatment, prevention, health care in the trial period of one year";
    Article tenth "with a higher education specialist medical education or secondary specialized school of medical education, under the guidance of practicing physicians, in Institutions of medical treatment, prevention, health care in the trial period of one year, can participate in the examination of assistant practicing doctors' qualifications".
    The Ministry of health to the higher medical education through the national Department of Education approval record of education, national recognition of the Diploma (2002 after the self-study examination of Higher Education Diploma), explain is not considered as part of physician qualification examination registration basis. The Ministry of health deprived of many higher medical professional self-study exam graduates to obtain qualification right. This is serious discrimination against self-taught self-taught graduates! Is a violation of "constitution" nineteenth countries "to encourage compliance self-taught"
    2, "medical practitioners" denying doctor law before the promulgation of the individual doctor legal qualification. Individual doctors, many doctors are self-taught, they love the traditional Chinese medicine, inspiring a technical expertise, noble medical ethics of the good doctor of traditional Chinese medicine, so earnestly study, assiduous in the study of traditional Chinese medicine, through strict examination the health administrative department of the government, the examination to obtain the doctor of traditional Chinese medicine, Chinese medicine scholar qualified. But "licensed physician law > forty-third provisions of the Ministry of health has no reason to deny individual doctors legitimate and according to Chinese medicine, Chinese medicine, Chinese medicine practitioner qualification. This is serious discrimination, self-taught Chinese scholar! Is a violation of" constitution "article nineteenth national" to encourage compliance self-taught "
    "Constitution" article nineteenth "development of socialist education, raise the scientific and cultural level of the people of the whole country."
   "State run schools of various types, the popularization of compulsory primary education, secondary education, occupation education and higher education, and the development of preschool education"
   "The state develops educational facilities, illiteracy, the workers, farmers, state functionaries and other workers in their political, cultural, scientific, technical, business education, encourage self-taught"
    "Licensed doctor law" stipulates that the ninth and tenth rules, and the Ministry of health to explain this clause and that, after 30 October 2002 medical higher professional school self-study exam diploma is not as in the qualification examination for self-study. Denied into material individual doctors legitimate practitioner of Chinese medicine, Chinese medicine scholar < > nineteenth qualification and constitutional state "to encourage self timber" inconsistent, so is illegal, there is no legal effect
     "The constitution" stipulates that the fifth "; all the laws, administrative regulations, local regulations may contravene the constitution." and "medical practitioners law" provisions of article forty-third. The provisions of article ninth and the provisions of article tenth, release that conflict with the "constitution" stipulates that the nineteenth solutions and the provisions of the Ministry of health on physician law the ninth regulation and tenth, so the "medical practitioners law" provisions of article forty-third, the provisions of article ninth and article tenth provisions, and the Ministry of health's explanation that is illegal, is not legally binding, it shall revoke the, change or declared null and void
               Three, depriving the individual doctor's labor rights
      After our country reforming and opening, individual doctors is a new thing, is the earliest in 1982, have individual doctors. When the country in order to solve the problem of benefit underserved, help to solve the difficult, expensive medical problems, encourage and support the individual doctor open individual clinic.1988 years the state to regulate the management of individual doctors, the Ministry of health, national traditional Chinese medicine administration promulgated "Interim Measures for the administration of individual practitioners, doctor of traditional Chinese medicine" hereinafter referred to as the "measures", and by the provinces, autonomous regions, municipalities directly under the central government, the administrative department of public health nurses, midwives, formulation of healers, dental technician, secondary specialized medical personnel to open individual business management approach. By the State Administration of traditional Chinese medicine, Chinese medicine, Chinese medicine formulation and other individual business management system documents
    Individual practitioners through a unified national government administrative departments of health examination, in accordance with the relevant provisions of the above document examination, the doctor of traditional Chinese medicine, Chinese medicine practitioners or healers, and qualifications. Make > the general said: "the individual practitioners, practitioners to engage in medical and health work is protected by state laws. The individual medical and health institutions is a complement to the socialist public ownership" of health services. Since China formally established the socialist individual medical and health care system. In "medical practitioners law" before the promulgation of China there are two kinds of health system, is a socialist public health system, is a basic system of socialist health service. Another is the individual ownership of medical and health system, is a complement to the socialist public health system.
    In 1996 March, individual practitioners, doctor of traditional Chinese medicine and in accordance with the "Regulations" medical institutions management, "the relevant provisions of the implementation of fine side" the management of medical institutions in accordance with relevant provisions of the basic standard "," medical institutions, by the municipal public health administrative department, check the registration certification, made the "practice license of medical institution". Shijiershiduo years individual Chinese medicine practitioners, work diligently and conscientiously, be conscientious and do one's best, sincerely service for patients, medical treatment to facilitate the masses of disease prevention, relief medical treatment difficult, expensive, reducing the pressure on hospitals, made an indelible contribution to the socialist health service
    But the licensed physician law > > < forty-second "citizens of the people's Republic of China have the right and obligation of labor"
    < > forty-third licensed physician law provisions, there is no reason for denying (not identified is denied) many of the individual doctor doctor of traditional Chinese medicine, qualification, its essence is deprived of many individual doctor's labor rights, so that many individual doctors and their family facing the survival crisis, many individual doctors basic "human rights" and "right to life" have lost their security, is a violation of the basic spirit of "humanitarian". Such terms and < > forty-second constitution "citizens of the people's Republic of China have the right and obligation to" labor conflict so is illegal, there is no legal effect
     < > fifth constitutional provisions; "all laws, administrative regulations, local regulations may contravene the constitution." and "medical practitioners law" provisions of article forty-third. And < > forty-second provisions contravene the constitution, so the "medical practitioners law > > forty-third provision is illegal, there is no legal effect, should be in accordance with the law cancel, change or declared null and void
              Four, law of non retroactivity
     According to the March 16, 2000 enactment, in July 1st the same year the implementation of the "legislation law" the eighty-fourth stipulation: "the law, administrative regulations, local regulations, autonomous regulations and separate regulations, rules of non retroactivity, but except for special regulations to better protect the rights and interests of citizens, legal persons and other organizations for the"
     "Law of non retroactivity" one is the legislation is not retroactive, two is the application of law of non retroactivity. All laws, regulations, rules and the effect can only extend backward, not retroactive facts. Law retroactivity is a violation of "humanity", in violation of "humanity"
     As early as 1982 have individual doctors, in 1990 individual doctors in accordance with the relevant provisions of regulations of the Ministry of health has doctors, practitioners qualifications, and has been in legal medical institutions from the professional clinical work. The licensed physician law > > and the Ministry of health denied many of the individual practitioner qualification is not any reason and basis, it is against nature, against humanity. Is a violation of the legislature in principle shall make law have retroactive effect, the administrative organ shall not be retroactive application specification. So the doctor act forty-third provisions of the Ministry of health identified on the interpretation of terms is illegal, there is no legal effect
             Five, the legislative suggestions and requests
     < > according to constitutional provisions of article fifth; "all laws, administrative regulations, local regulations may contravene the constitution." shall be revoked in accordance with the law, change or declared null and void
According to the "legislative law" " eighty-seventh laws, administrative regulations, local regulations, autonomous regulations and separate regulations, rules and any of the following circumstances, by the relevant authorities in accordance with this law the eighty-eighth regulation authority to change or cancellation:
(1) beyond the authority
(2) the law violates the law
(3) the provisions of rules is not considered appropriate, shall change or cancel
(4) in violation of statutory procedures "
      The Supreme People's court and legislature suggestions according to the < > fifth constitutional provisions revoked in accordance with the law, change the physician law the forty-third regulation or declared invalid. According to the legal provisions of the legislation law < >, undo the Ministry of health to explain that the licensed physician law > < forty-third regulation, not identified (the fact that denied) individual doctors legitimate doctor, doctor of traditional Chinese medicine qualification rules, approved by the Ministry of health, instructions. Undo all explain that medical adult higher education, Graduate Diploma, Diploma of higher education self-study medicine, all kinds of higher school distance education and adult secondary medical education is not as to participate in the examination the doctor qualification according to instructions, approval documents

Zhang Dongyan, Xingning City, Guangdong Province people

Written in May 1, 2007

E-mail: dongyanccc@163.com