There is no qualification to walk and treat and cure promptly that is still illegal

There is no qualification to walk and treat and cure promptly that is still illegal
There is no qualification to walk and treat and cure promptly that is still illegal
The yellow good fact based on this case forever, I think, it is improper that the court pleads and makes some innocent judgement of forest according to the agent. First, practises medicine illegally the behavior has 5 kinds of situations according to the relevant judicial explanation of the Supreme People's Court, treating and curing the behavior promptly of some of middle forest of this case, belong to and has not obtained the rural doctor's practising certificate, and is engaged in the situation of the medical activity of village. Look, implement the medical treatment behavior on condition that have practicing qualification in forest some in regulation according to this, according with the legal aspect will assert what has been practised medicine illegally. Second, some behaviors of illegal practice of medicine of forest were once punished twice by health authorities, practise medicine illegally again after and treat and cure and practise medicine promptly this time to belong to punishing, accord with the situation of a serious nature of practising medicine illegally, having committed the crime of practising medicine illegally, the court should not adjudicate forest some is innocent. Third, according to the stipulations of article 336 of " criminal law ", it is practised medicine illegally again after punishment two times of administrative organ that a person practises medicine illegally, cause, go to a doctor people intermediate more than deformity, organ organization damage, cause serious the intersection of function and behavior of obstacle form the crime. If the infant's half-length paralysis in this case, really the causality or inevitable connection exists with tracheostomy, forest even if some behavior cause intermediate deformity of the above to infant, commit, practise medicine crime illegally too, must bear criminal liability. Because the intersection of forest and some medical behavior, part accord with important document of urgent danger prevention, it damages a certain legitimate rights and interests to be unable to prevent from dangerous, etc, but must not exceed the essential limit whether its behavior accords with, the dispute still exists, need deep discussion. I think, though start from kindly forest some, can not sue and labour the fact that the behavior belongs to and practises medicine illegally. Because some behaviors of forest are starting from kindly, but not in order to make profit, can only consider punishing on the measurement of penalty appropriately on the lenient side, should not become the innocent basis. The spirit that the society does not hesitate to do what is right is needed recommending in a more cost-effective manner, but implement medical treatment under the emergency, should also insist on practising medicine legally. Law is a supreme behavioural norm to walk, the code of ethic must be obeyed legal norm. (Author's unit: Hospital of Changzhou prison of Jiangsu Province) The case is returned The old barefoot doctor rescues people and gets into the dispute Some of forest was once " Barefoot doctor " . In recent years, because forest some is too old to work up the farm work, take up one's old trade again again. To some behaviors of illegal practice of medicine of forest, after the county hospital make administrative penalty twice, no longer practise medicine in forest some. One evening, ate and blocked with a 12 -year-old boy in the village in the trachea, the life hung by a hair. Its family implore forest some to treat and cure. Comes to the scene closely if some of forest considers rescuing persons, see children breathe, the heartbeat already stop, then implement the tracheostomy operation. The child's life has been kept, but presented half-lengthly and is paralysed, and then it is regarded as the improper result that causes of tracheostomy to check by the hospital. The crime is prosecuted to prosecute the organ and suspected of being involved in committing and practising medicine to forest some illegally. This case is tried by the court, it is the urgent danger prevention to think some medical behaviors of forest, not forming the crime, it is innocent to adjudge forest some. (the details please see 10 Japan editions of February of 2009)


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