Research On Criminal Law Regulation Of Crimes Involving Medical Cosmetology

Medical cosmetology is one of the current trends.With the growth of medical cosmetology institutions and medical cosmetology practitioners,there are also disputes in the medical cosmetology field.Driven by huge profits,the medical beauty industry is in chaos,and the lives and health of beauticians have been seriously threatened.However,at this time,it is difficult to see the criminal law.In order to protect the rights of beauticians and promote the healthy development of the medical beauty industry,it is necessary to conduct an in-depth discussion on the nature of medical beauty and crimes in the field of medical beauty.Empirical research results show that most of my country's medical cosmetology disputes are concentrated in the civil field,but rarely in the criminal field.In the civil field,there is a phenomenon of mismatch between behavior and responsibility in medical beauty cases.This is specifically manifested as follows: First,because the negligence of the doctor caused the disability of the beautician,the doctor is only held for civil responsibility;second,the doctor If the medical cosmetology institution performs medical cosmetology surgery without the corresponding qualifications,if the circumstances are serious,there are also cases where the doctor is only investigated for civil liability,and the criminal liability is absent.Finally,different judgments in the same case occur from time to time.For similar cases,different courts apply different laws to regulate,resulting in vastly different final judgments.In the criminal field,cases in which medical cosmetology constitutes a crime also present their own characteristics: first,medical cosmetology constitutes a crime of illegal medical practice and medical malpractice crimes account for a small proportion of the total criminal cases of medical cosmetology;second,in Regarding the application of specific crimes related to medical cosmetology,the attitude of the practitioners is ambiguous;third,when doctors and medical cosmetology institutions jointly illegally implement medical cosmetology behaviors,there are loopholes in punishment.The occurrence of these phenomena is not accidental,but the inevitable result of various factors such as the different understanding of the nature of medical cosmetology,the blurring of the lines between the crimes involved in medical cosmetology,and the lack of standardization of the criminal liability of medical cosmetology institutions.The fundamental solution to the above problems lies in clarifying the nature of medical cosmetology behavior and clarifying the boundary between the crime and non-crime of medical cosmetology behavior;on this basis,categorizing crimes in the field of medical cosmetology,distinguishing the boundary between this crime and that crime;Crime theory properly handles the problem of joint crimes between natural persons and medical cosmetology institutions in the fieldof medical cosmetology.Starting from the nature of medical cosmetology,it should be clear that medical cosmetology is an objectively harmful behavior,its essence is medical behavior,but it has its own particularity.The particularity of medical cosmetology is embodied in that compared with ordinary diagnosis and treatment activities,it emphasizes more on commercial attributes,and cosmetologists have a greater degree of self-determination rights in medical cosmetology.As an objectively harmful behavior,the promise of an effective beautician is the only justification in the field of medical cosmetology;if there is no effective promise from the beautician,then the doctor's behavior constitutes a crime of intentional harm.The validity of the promise is informed by the doctor.The fulfillment of obligations is closely related.Starting from the crimes involved in medical cosmetology,the criminal behavior in the medical cosmetology field should be categorized to explain,clarify the boundaries between the crimes,and apply them according to different crimes to solve the problem of different convictions in the same case.First of all,when the incomplete notification by the doctor affects the beautician's right of self-determination,the beautician's promise is invalid at this time,and the doctor needs to bear the corresponding criminal responsibility according to the incomplete notification.When the doctor has serious negligence and fails to inform,the responsibility for the crime of medical malpractice needs to be discussed;when the doctor conceals or intentionally incompletely informs,the responsibility for the crime of intentional injury needs to be discussed.Secondly,when doctors and medical cosmetology institutions perform medical cosmetology surgery without corresponding qualifications,if the circumstances are serious,they should first consider the application of the crime of illegal medical practice.When applying the crime of illegal medical practice,on the one hand,we must strictly grasp the subject of the crime,and the behavior of practicing medicine beyond the "place of practice,type of practice,and scope of practice" should also be regarded as "illegal practice".On the other hand,in the crime of illegal medical practice,it is necessary to distinguish the joint crimes of natural persons and medical beauty institutions.Since the criminal law does not stipulate that the unit can constitute the crime of illegal medical practice,it is necessary for units that do not have a medical institution's practice license to Where a natural person performs medical cosmetology illegally,the legal representative of the medical cosmetology institution and the natural person shall be determined to constitute an accomplice in the crime of illegal medical treatment based on the theory of joint crime.Finally,whether to have the medical qualification is to distinguish the crime of medical malpractice from the crime of negligence causing serious injury and the crime of negligence causing death.When a doctor with medical qualifications has caused serious damage to the health of the beautician due to his negligence,he should consider the application of the crime of medical malpractice.Whenapplying the crime of medical malpractice,attention should be paid to distinguish between the negligence of violating the duty of notification and the negligence of violating the diagnosis and treatment norms.For the latter,the scope of the doctor's duty of care should be clarified,the standard for breaching the duty of care should be established,and the violation of administrative regulations and criminal law should be grasped Only in this way can the problem of negligent crime in the field of medical cosmetology be properly handled,and the effect of guilt,responsibility and punishment can be achieved.