Recently, the "master" Wang Lin became the focus of media attention. Recently, Wang Lin claimed to work remotely chuosi Sima Nan. Yesterday, CCTV's "focus" column do together to expose Wang Lin's face shows, end focus interview, the host tells a word "let Wang Lin try the legal work". Today, the Phoenix network published entitled "Wang Lin suspected of illegal practice of medicine will be affected by the processing" article(Http://news.ifeng.com/society/special/wanglin/content-3/detail_2013_07/29/28006594_0.shtml).From the angle of the criminal law, Wang Lin should have what kind of legal work?

A, May be suspected of crime of fraud

On the judicial practice, Wang Lin like this to "work" superstitious means wealth may be suspected of crime, generally two crimes:

One is the crime of theft, commonly known as "switch". For example, the victim to deceive cash at home, jewelry in a bag, and gave the bag work, can exorcise cure, take the victims do not pay attention to, with another one of the same bag "switching", then told the victim with a walk and don't look back, after coming home after three days to open the bag. The results open a view, which is filled with dirt, stone, washing powder and so on. Cash and jewelry have been criminal adjustable bag. This approach, several years ago is very popular, the general of the elderly. This technique is unbelievable, this year6The month is very popular in USA, according to CCTV, the suspect for Asian people, at that time many people American. This kind of behavior, both to deceive the component, also the composition, but from the criminal law sense, the act of theft. Because the victim did not dispose of property delivery for actors, but rather to suspect work after come back, the suspect against the will of the victim, the secret exchange, which belongs to the crime of theft.

Another is the crime of fraud. This is similar to the Wang Lin technique. That has a specific function, or work, or wonder drugs, to exorcise cure, from all evils, Shoutu Gong, lucky Nafu as an excuse, for the victim's property. In this case, the suspect fictional magic fact, deceive the victim, the victim for gospel truth, "voluntary" to deliver the property to the suspect. From the CCTV report, Wang Lin to Zou for acts, teach magic name, diddle Zou million yuan. If the report is true, should be suspected of crime of fraud. In addition, the CCTV report also shows, Wang Lin invented a cure patient examples, and wantonly conduct propaganda, make many people for gospel truth, looking for Wang Lin cure, and pay a lot of property. If the fraud was established, the amount of crime is astonishing, waiting for Wang Lin will be severe punishment. 

Two, the crime of illegal medical practice is hanging

The crime of illegal medical practice is an unlicensed physician occupation qualifications, if the circumstances are serious behavior. The essential feature of the crime of illegal medical practice is not qualified to practice medicine in the medical treatment behavior, in other words, is essentially a kind of practice, but the practice behavior without legal approval. The illegal practice is typically black clinic. Therefore, judicial interpretation of the "illegal" interpreted as:1.Not made or obtained by illegal means physician engaged in medical activities2.Individuals without the "practice license of medical institution" run medical institutions3.Period is to revoke the practising certificate of doctors engaged in medical activities4.Without the country doctor practicing certificate, engaged in rural medical activities5.Family midwife implementing medical behavior outside of the family. The present report, superstitious behaviors of Wang Lin is a fraud behavior in nature, not a medical behavior.

More importantly, the crime of illegal medical practice is the circumstance, that must be serious to constitute a crime, according to the provisions of judicial interpretation, the following actions are serious:1.The patient was mild disability, injury to the organs which leads to a general impairment2.Contribute to the spread of infectious diseases, epidemic spreading, popular or dangerous3.Using fake, inferior or does not meet the national standards of sanitary materials, medical equipment, enough to serious harm to human health4.The illegal practice of administrative punishment by the administrative department of health after two times, once again the illegal practice of Medicine5.Other serious circumstances.

This paper contained in Li Yong Law blog, please pay attention to the original:Http://liyong5556.fyfz.cn/b/762103