Please Sichuan provincial court judges learning article 336th of the criminal law

The Sichuan Provincial High Court, Bazhong City Intermediate Court and President of the provisions of article 336 of the criminal law still adhere to the crime of illegal practice situation including the practitioner qualification is not for a practicing certificate of practice, including the qualified doctors practicing medicine people beyond the place without approval; does not recognize the Supreme Court judicial interpretation of the law effect of higher than the individual thinks, higher than that of the judicial committee of the decision of the lower court, people really have no other way, had to please the court, Bazhong City, Sichuan Province hospital dean and judge of criminal law.

"PRC Criminal Law" 336th article: an unlicensed doctors qualified person, if the circumstances are serious, is less than three years imprisonment, criminal detention or control, or be fined; serious damage to health of patients, three years to ten years in prison, fined; causes the death of patients, more than ten years in prison, fined.

Without the doctor qualification of recanalization operation, fake birth control operation, termination of pregnancy operation or removal of IUD or for others to control, if the circumstances are serious, is less than three years imprisonment, criminal detention or control, or be fined; serious damage to the health of the human body on the diagnosis, department for more than three years less than ten years imprisonment, fined; causes the death of patients, more than ten years in prison, fined.

Recently the Supreme People's court is illegal, and if the circumstances are serious, serious damage to the patient's health situation made a detailed explanation, interpretation of specific see below:

Notice of the Supreme People's Court of the people's Republic of China

"Explain" the Supreme People's Court on several issues of specific application of law in the trial of criminal cases of illegal medical practice of the Supreme People's Court on April 28, 2008 the 1446th meeting of the judicial committee. It is hereby announced, shall enter into force as of May 9, 2008.

Supreme People's court
Two hundred eight years in April 29th

Interpretation of the Supreme People's Court on several issues of specific application of law in the trial of criminal cases of illegal medical practice

(by the Supreme People's Court on April 28, 2008 the 1446th meeting of the judicial committee)

Interpretation (2008) No. 5

For the protection of public health and life safety, to punish the crime of illegal practice, according to the relevant provisions of the criminal law, some problems on the trial of criminal cases of illegal medical practice on the specific application of law are explained in the following:
The first one of the following circumstances, should be recognized as the 336th article of the criminal law has not obtained the qualification of doctor who prescribed in the first paragraph "illegal practice":
(a) did not obtain or illegally obtained qualification in medical activities;
(two) individuals without the "practice license of medical institution" run medical institutions;
(three) period is to revoke the practising certificate of doctors engaged in medical activities;
(four) did not obtain the village doctor practicing certificate, engaged in rural medical activities;
(five) the family midwife implementing medical behavior outside of the family.
Article second under any of the following circumstances, shall be determined as specified in the first paragraph of article 336th of the criminal law "serious":
(a) the patient was mild disability, injury to the organs which leads to a general impairment;
(two) contribute to the spread of infectious diseases, epidemic spreading, popular or dangerous;
(three) using fake, inferior or not in conformity with the provisions of health materials, medical device standards, to serious harm to human health;
(four) the illegal practice of administrative punishment by the administrative department of health after two times, once again the illegal practice of medicine;
(five) other serious circumstances.
Article third under any of the following circumstances, should be recognized as a serious health medical damages specified in the first paragraph of article 336th of the criminal law. "":
(a) causes severe dysfunction patient moderate disability, organ or tissue damage;
(two) resulted in more than three patients mild disability, injury to the organs which leads to a general impairment.
Article fourth the implementation of crime of illegal practice, and constitute the production, sales of counterfeit crime, production, sales of substandard drugs crime, fraud and other crimes, in accordance with the provisions of the criminal law punishment heavier punishment.
Article fifth the interpretation of the term "mild disability, injury to the organs which leads to general dysfunction", "moderate disability, injury to the organs which leads to severe dysfunction", according to the Ministry of health "medical accident grading standards (for Trial Implementation)" identified.

In the case study method:

In April 20, 2003 in Bazhong City, Sichuan Province, Sichuan Province, the intermediate court for senior court agreed to (2002) and a final word, sentence thirty-first criminal judgments, has accused Xiong Renrong in 1999 May as in the case of the qualification certificate valid, Xiong Renrong the same year reporting physician practice after registration, the registration authority for the city of Bazhong all the doctors were not approved the registration area, as made the physician qualification for Xiong Renrong; but Xiong Renrong 2000 December in Hong Kou Township Health Hospital cesarean operation without approval, constitute the crime of illegal practice, according to the criminal law 336 article on the conviction and punishment: in view of the case without medical behavior evidence of death and Xiong Renrong visit the existence of a direct causal relationship, can reduce the punishment of Xiong Renrong; to withdraw the first instance judgment sentencing part (sentence of 10 years in prison), Xiong Renrong was sentenced to 3 years in prison, and fined 5000 yuan. Bazhong city intermediate court court to the Xiong Renrong family for handling charges 5000 yuan, in April 24, 2003 will be executed judgment. 　　Xiong Renrong appeal the verdict against,; requests the court to show "qualified physicians who practice for the crime of illegal practice behavior" of the law, that decision did not violate the criminal law third stipulation "principle of legality" (the law expressly provides for the crime of conviction and punishment, in accordance with the law; the law does not expressly as criminal acts, they shall not be convicted or punished.) Request the court to the Supreme People's Court on the case ruled that the book (approved in accordance with the provisions of Article 63 of criminal law, there is no statutory mitigating circumstances and mitigated punishment, must submit the Supreme Court approval, the Supreme Court approved after the ruling is served decision can take effect, executive.)

Bazhong City Intermediate Court of first the "case handling right, legal procedures" rejected the appeal, and in 2008 December to (2008) criminal, punishment Zaizhongzi ruling upheld the No. fourth "".

In September 31, 2009, Bazhong City Intermediate People's court standing vice president and trial supervision Tribunal for Tongjiang county to bear Ren Rong case explain the answer: 1: Although the judicial interpretation of the Supreme Court on criminal cases of illegal medical practice make no qualified doctors without obtaining a certificate of practice, during the period of people engaged in medical activities expressly provides for article 336 of the criminal law refers to the illegal practice of a crime, in accordance with the general rules of the criminal law third stipulation "the law does not expressly provided for the crime, the crime punishment legal principle shall not be convicted or punished", the second trial and retrial ruling appears to be flawed, but the case is the result of Sichuan Province High Court Reply indicates the behavior of criminal law Ren Rong bears 336 a sentence, (our judgment on the fact Xiong Renrong does not dispute) we are provincial implementation of the indication, but also by the blue Dean chaired a committee for discussion and decision, 2: the judicial interpretation of the Supreme Court was promulgated in 2008 2000, the case should not retroactivity; Xiong Renrong show "the Supreme People's court, the Supreme People's Procuratorate on criminal judicial solution Provisions "release time effectiveness of this judicial interpretation, we know, but the trial committee and the trial supervision tribunal that the judicial interpretation and application in Bazhong city can not, the specific reason to LAN, it clearly. 3: the Bazhong City Intermediate Court ruling that Xiong Renrong was not intended to illegal medical practice to death, but to identify the plot Xiong Renrong illegal practice seriously, in accordance with Article 336 of the criminal law in a serious Dingge sentenced Xiong Renrong to 3 years in prison, is in the judgment written finding of fact is illegal practice of medicine by Xiong Renrong doctor death, because can't find Xiong Renrong is illegal if the circumstances are serious facts; in the retrial verdict we wrote "the original verdict that the facts are not clear, the improper application of the law, it shall cancel the original ruling that bear Renrong qualified doctors practicing medicine illegally, causing death, truth, to apply article 336 of the criminal law in a illegal if the circumstances are serious to make a decision, but also because no serious facts, judicial committee does not agree with the commuted innocence, so finally upheld, we also know that this ruling and stultify oneself, cannot make out a good case; but Xiong Renrong should understand the difficulties we judge, judicial committee decides case collegiate bench only unconditional implementation; 4: provincial reply to Xiong Renrong instructions to reduce Punishment, probation is in court in volume, this is the judicial committee for discussion and decision not to execute the instructions, provincial, and not a collegial panel decided not to give Xiong Renrong the probation, the collegial panel don't have the right. What is the specific reason for the judicial committee does not execute the instructions, provincial, to give Xiong Renrong sentenced solid punishment is the secret of the trial, we cannot tell. 5: the Provincial High Court Reply does not indicate approval in accordance with the provisions of Article 63 of the criminal law should be reported to the Supreme Court, we do not know whether the province high court had reported to the Supreme Court after the approval of the reply indicates the proposed decision, Xiong Renrong did not report the supreme court approved a thing should find the Provincial High Court Reply; 6: Province High Court has informed the Bazhong City Intermediate People's court to Xiong Renrong one case. This case is volume review, shenggaoyuan indicating sentenced, we just follow the instructions Xiong Renrong shenggaoyuan can go directly to the provincial high court settlement, with particular emphasis on, Bazhong City Intermediate People's court may not recognize the two trial is the discretion to reduce decision, not admitted to the Bazhong City Intermediate People's court in accordance with the provisions of Article 63 of the criminal law of the Supreme Court case report approved effect, should be reported to the provincial newspaper. The reason is said above, we think that Xiong Renrong is to have a superficial knowledge of law, interpret out of context, make trouble out of nothing, should take judgments. The court is not afraid of what is wrong, is the judgment of the court by the state compensation, not to private pockets".

We as a people really don't understand these two court trying to do what? The people's Court of the socialist country ruled by law, safeguard social fairness and justice of the last line of defense, is the national judicial organs under the leadership of the party, and not beyond the legal privileges of the judicial mafia boss Xiong Renrong's behavior is in accordance with the law; if a crime of illegal practice, the high court of Bazhong City Intermediate Court, Sichuan Province should be in accordance with the law expressly provides for Xiong Renrong is the fact that the conviction and punishment, what what facts, is what the law expressly provides for the crime in accordance with the law conviction and punishment will be cleared, these two court so the black box operation, on request, mutually making excuses, and so do not trouble trouble, you will shame on you? 　　