Research On Criminal Law Regulation Of Illegal Medical Cosmetology

In 2016,Interpretation of the Supreme People's Court for Several Issues concerning the Specific Application of Law in the Trial of Criminal Cases about Illegal Medical Practice(2016 Amendment)explained "Medical Cosmetology" into the scope of "Medical Practice" with referring to administrative rules.Recently,Chinese medical aesthetics industry is on the rise,its market is growing fast,at the same time,assorted medical law and regulations looks old,and does not accord with the new requirement.The normative sense about "medical cosmetic" is different to criminal law in meaning,implement standard and the definition.Otherwise,the crime structure standard of illegal medical practice is fuzzy.Its criminal object is complex.Those lead to many disputes about the behavior,the subject and the standard of criminalization for many years,also leaves a lot of difficult problems to explain to the judicial practice.In order to protect people's rights and interests in life and health and property from infringement,it's necessary to improve the criminal law regulation mode of illegal medical cosmetology.This paper follows the principle of legality of crime and responsibility,and takes the normative definition of "medical cosmetology" as the way to explore the reasons why illegal medical cosmetology can be attributed to the crime of illegal medical practice,and clarifies the identification criteria and medical cosmetology activities of the crime of illegal medical practice.The judgment basis of "intent" in action and the deficiency of "serious circumstances" in the elements of criminalization of illegal medical practice are discussed.Although the crime of illegal medical practice and the crime of medical malpractice are both medical crimes,they can not be ignored because of their delicate forms.The crime of illegal medical practice is not only a violation of normative order,but also an offence to human life and health.In this sense,negligent crime generally pays more attention to the result of actual harm than to the danger of its own behavior,which is not conducive to preventing the criminalization of illegal medical practice.The establishment of administrative penalty also has the aim of preventing the emergence of anti-social behavior,and unlike the imputation of traffic accident results,illegal medical practice and its results can be controlled ahead of time.Rather than let the subject of acts wander between the light and heavy circumstances,violations and crimes,it is better to take business as the criterion of division,that is,absolute prohibition of medical activities with very serious personal casualties.Based on the judicial interpretation of illegal medical practice cases in 2016,this paper focuses on the criminal law regulation model of illegal medical cosmetology and its legitimacy,and explains the doctrine and teaching principle of the crime of illegal medical practice involving illegal medical cosmetology.The specific contents are as follows:Firstly,according to the provisions of Interpretation of Criminal Cases of Illegal Medical Practice,the administrative rules and regulations on "medical cosmetology" are sorted out,and the meaning of "medical cosmetology" in the normative sense is summarized.Secondly,the doctrinal interpretation of the illegal medical beauty constitutional crimes,the medical beauty culmination in the field of medical practice,and then the argument that illegal medical beauty can be blamed for illegal medical practice.In addition,illegal medical beauty seriously endangers society and the person is difficult to recover.This part mainly combines the analysis of illegal elements and the issue of guilt.In the elements of the responsibility elements of this crime,it is proposed to introduce business rules as illegal medical practice.Recognize one of the criteria in the content.Finally,it discusses the criteria for conviction and some issues concerning the number of crimes in the process of judicial cognizance of the crime of illegal medical practice.Based on the irrationality about the circumstances of conviction and the result of aggravating sentencing,this paper attempts to conceive that the crime of illegal medical practice should add a crime of conduct.In medical activities,multiple criminal offenses should be punished,rather than treating as imaginative joinder.