Qualitative Study On Deaths Caused By Selling Self-made Drug And Alcohol

The safety of medicine is related to the safety of human life and health.However,due to the deficiency of the criminal law,the special situation of Chinese medicine and the complexity of identification,there is still insufficient regulation on the criminal behavior of medicine in the Criminal Law.Taking Shi Mou,the case of producing and selling fake medicine as an example,this paper attempts to analyze the "practice of medicine","serious circumstances","fake medicine" and "sales behavior" of the crime of illegal practice of medicine.On the basis of this,the author makes a further analysis of Shi Mou's behavior,hoping that the relevant analysis will benefit the theoretical study of such cases and the judicial practice in the future.In addition to the introduction,this paper is divided into four parts,a total of more than 20,000 words,the main content is as follows:Part one: the basic situation of the case.Includes the subject matter,the basic facts of the case,differences of opinion and focus of dispute.In this case Shi Mou according to the ancestral secret recipe can treat rheumatism medicine wine sold to patients with rheumatism Guomou Guo his own excessive drinking induced their own serious disease death.There are four opinions on how to characterize the case: the first view is that Shi Mou's behavior belongs to the situation where the production of drugs must be approved without approval in violation of the provisions of the regulations governing the administration of drugs,and the medicinal wine should be treated as a counterfeit medicine,so,Its behavior constitutes the crime of producing and selling counterfeit medicines.But whether Guo Mou's death result belongs to the production,sells the false medicine in the crime "The aggravating circumstances of "causing death" have two opinions: first,the defendant produces,sells fake medicine,causes one person's death to accord with the production,sells the fake medicine causes the person to die the stipulation;The other is that the defendant has done his duty of reminding,and under the condition of that time,the defendant has no ability to foresee.The result of the victim's death can not be attributed to the defendant's behavior of producing and selling counterfeit medicine.The second opinion,Shi Mou did not obtain the doctor practice qualification,and sells the self-made medicine liquor to the patient Guo Mou,this medicine wine causes Guo to die the result objectively,therefore its behavior constitutes the illegal practice medicine crime;The third view is that Shi Mou's death to Guo exists.Overconfident negligence,whose behavior objectively led to the occurrence of Guo's death result,constitutes the crime of death caused by negligence.The fourth opinion is that Shi Mou's behavior does not have serious social harm,and Guo's death is an accident.Through the analysis of the above differences of opinion,the controversial focus of this case can be summarized as follows: whether Shi Mou's behavior of inducing Guomou's heart disease and death by selling homemade medicine wine constitutes a crime? If it constitutes a crime,is it a crime of illegal medical practice,a crime of death caused by negligence or a crime of producing or selling counterfeit drugs?The second part: the legal analysis of related problems.This part is an analysis of the theoretical issues involved in the focus of the dispute.The specific contents are as follows: first,the definition of "practicing medicine" in the crime of illegal practice of medicine,In this paper,medical practice is defined as the application of medical knowledge and skills to the optimization,alteration or restoration of human body shape,structure and physiological function by a natural person or a unit that has obtained relevant medical qualifications or qualifications.Take appropriate medical theory and technical means as the criterion,carry on the injurious and targeted medical process to the medical needs.The second is to analyze the objective elements of the crime of producing and selling counterfeit drugs.In this paper,we should refer to the administrative cognizance when we identify the counterfeit medicine in criminal law,but we can not directly use the administrative cognizance without analysis in the criminal law.In the crime of producing and selling counterfeit drugs,the key to the identification of counterfeit drugs should be whether or not they can treat the diseases which should be treated by doctors after prescribing them,that is,they should be judged in substance.Finally,the author analyzes the differences between the crime of production,sale of counterfeit drugs and the crime of negligent death in subjective,object and objective aspects.The third part: the analysis and conclusion of the case.By carrying out the relevant issues in this case and putting forward the opinions on the handling of the case,Shi Mou's production and sale of medicinal liquor pose very little danger,and Shi Mou has fulfilled his obligation to foresee and inform.Under the objective environment at that time,Shi Mou could not foresee the result of Guo's death,that is,Shi Mou did not constitute a crime,and Guo's death was an accident.The fourth part: the enlightenment of the case study.Through the analysis and discussion of the case,this paper draws two enlightenments,that is,to correctly treat the conclusion of "fake medicine" and to formulate the standard of illegal practice of medicine and identification of counterfeit medicine in accordance with the national conditions of our country.