Determination Of Criminal Responsibility Of Illegal Medical Cosmetic Acts

The rising of "appearance level economy" has promoted the vigorous development of China’s medical cosmetology industry.Since2013,the medical cosmetology market has been extremely hot and entered a period of explosive growth.The rapid development of medical cosmetology industry also inevitably leads to a series of problems,the most important is the breeding of a large number of illegal medical cosmetology personnel and illegal medical cosmetology institutions,illegal medical cosmetology behavior caused harm cases occur repeatedly.In 2016 by the Supreme People’s Court "on modifying < on the specific application of law in trying criminal cases of illegal practice medicine > the explanation of some issues of decision",and "the Supreme People’s Court on the concrete application of law in trying criminal cases of illegal practice medicine question the interpretation of the following is referred to as" interpretation "of article 5 of the new one,the" medical behavior "and" medical activities explained,"and with reference to the"management regulations,detailed rules for the implementation of medical institution "about" cosmetic "and of" clinical activities related to "decided that its defining the nature of medical hairdressing,its belong to the category of medical behavior,it has strong theoretical significance for illegal medical cosmetology crime to be classified into illegal medical practice crime.However,there are many controversies in the identification of the crime of illegal medical practice,so it is still unable to provide practical guidance for the identification of the criminal responsibility of illegal medical cosmetology.Criminal liability for the illegal medical hairdressing of judicial status quo analysis,can be found in our country currently illegal medical beauty behavior of some problems existing in the criminal responsibility identification,main show is: illegal medical cosmetology behavior into the crime of improper expansion of the standard,the circumstances are not serious administrative violations of the crime of illegal practice of medicine to be convicted and punished,there is a tendency to criminalize administrative violations;there are great differences in the identification of the criminal subject of illegal medical cosmetology,and the different understanding of"not having obtained the doctor qualification" affects the determination of the perpetrator’s crime and non-crime as well as this crime and that crime;the objective aspect of illegal medical cosmetology behavior is not clearly identified,and the illegal practice of medical business behavior is not clearly identified,which leads to the obvious lack of reasoning in part of the judgment and the biased determination of the charges;the judgment of the causal relationship of illegal medical cosmetology crime is complicated,and it is difficult to identify the decisive cause behavior,which is easy to be wrongly attributed.Through the study of a large number of judicial precedent and compared with the legislative cases of related charges outside,in the other country,on the basis of relevant legislation,combined with the present situation of the medical cosmetic industry in our country and the behavior of illegal medical beauty criminal responsibility as the status quo,summed up the illegal medical hairdressing behavior can determine the criminal responsibility of the main from the following consideration:strict illegal medical cosmetology behavior into the crime standard,to only constitute the administrative violation of medical cosmetology behavior can not rise to the level of criminal punishment,adhere to the complementary concept of criminal law,to "serious circumstances" to take the essence of interpretation;to constrain the subject of the crime of illegal medical practice,using the theory of document,the "doctor’s qualification" in criminal law should be defined by the "doctor’s qualification(assistant)" in administrative law;the objective aspect of illegal medical cosmetology acts insists on the objective elements as the identification standard,and the judgment of the objective acts of illegal medical cosmetology actors should start from the perspective of evidence,placing the objective elements in a more important position than the subjective ones;the determination of the causal relationship of illegal medical cosmetology crime adheres to the "sufficient condition theory",and only under the condition that the illegal medical cosmetology behavior has a high degree of participation in the result of injury and death,that is,under the sufficient condition,can the objective attribution be carried out.