Before reading this article, please click on "Follow" to facilitate discussion and sharing with you, and also to watch the next exciting article in a timely manner. Thank you very much for your attentionChina's traditional Chinese medicine culture has a long and profound history

Before reading this article, please click on "Follow" to facilitate discussion and sharing with you, and also to watch the next exciting article in a timely manner. Thank you very much for your attention

China's traditional Chinese medicine culture has a long and profound history. Many diseases that cannot be cured by Western medicine have miraculous effects through traditional Chinese medicine conditioning. Compared to Western medicine, which is powerful and expensive, more and more people are enthusiastic about traditional Chinese medicine for health preservation and disease treatment.

Peng, a man from Sichuan, self-taught traditional Chinese medicine to treat people and made self-made drugs to save them. However, for his compassionate behavior as a doctor, he was fined 30 million yuan by relevant departments. Mr. Peng was not satisfied, and this fine suddenly increased from the initial 30 million to 60 million. So what is the actual situation?

The Sprouting of Traditional Chinese Medicine Dream

Mr. Peng was born in a small village in a mountainous area. When he was young, he watched the old traditional Chinese medicine doctors in the village treat the villagers not only to save lives and heal injuries, but also to earn money and support himself through traditional Chinese medicine. Therefore, he planted a seed of traditional Chinese medicine in Xiao Peng's heart.

In this way, when Mr. Peng was a child, he often asked old Chinese medicine practitioners to teach him some knowledge of traditional Chinese medicine. However, due to his poor family background, he could only learn while working to subsidize his family,Although he had a dream of traditional Chinese medicine, due to various reasons in reality, he was unable to enter a university of traditional Chinese medicine and engage in professional and systematic learning of traditional Chinese medicine knowledge.

With his unremitting efforts, Mr. Peng's life has finally improved, but his love for traditional Chinese medicine has never been abandoned by him.

Once, he was attracted by advertisements for traditional Chinese medicine in TV dramas, which sparked his "dream of traditional Chinese medicine",So I bought some ancient books and prescriptions, such as Huangdi Neijing, Shanghan Lun and Miscellaneous Diseases, and felt that my medical skills were growing.

The establishment of a medical institution

At first, Mr. Peng only conducted experiments on himself. Since childhood, his health has been poor, and every time he goes to the hospital for various tests and prescriptions, it always costs a lot,He used what he had learned to see if he could be cured using the methods of traditional Chinese medicine. Unexpectedly, Mr. Peng actually managed to regulate his body, which gave him great confidence and encouragement in using traditional Chinese medicine to treat diseases.

Later on, he gradually began to help his friends feel the pulse, prescribe his own developed traditional Chinese medicine, and take a look at minor illnesses. Unexpectedly, those who had seen the disease with him felt that the effect was surprisingly good. Therefore, at the suggestion of his friends, he set about opening a traditional Chinese medicine clinic, and after some drumming, there were really good results.

Some cured patients are passed down from generation to generation, and Mr. Peng has also become a local skilled "miraculous doctor" for the recovery of life,Many people have formed long queues in the front row of traditional Chinese medicine hospitals, and more and more people are buying his homemade medicine, with prices ranging from 12 yuan to 755 yuan. The business of traditional Chinese medicine hospitals has also become popular, and even many people come from other places to seek medical treatment and prescribe medicine. Mr. Peng's money is also increasing.

Soon, the Market Administration took a look at this extremely popular traditional Chinese medicine store. In order to be responsible for the health of the masses, the Market Administration secretly investigated and visited,Not only did Peng not obtain a medical qualification certificate, but he also produced without a certificate and profited from selling self-made drugs on a large scale, which seriously violated the law and caused harm to the physical health of the people.

The medical center was ordered to immediately shut down and seized 42 types of drugs sold by Peng, including "Sheng Fa Gao, Wen Jing Tang, Fang Ji Huang Qi Tang, Yuan Qi Yu Chong Fu Fu Fu, Shan Yao Wan, Da Hu Lu Wan, Hemorrhoids No. 123". The relevant authorities immediately confiscated all of his illegal gains of 1.5 million yuan and fined 30 million yuan.

Peng refused to accept the punishment and believed that he was a lifesaver, how could he become a scammer?

3000 yuan is already a skyrocketing price for Peng, and his property has been confiscated. After being urged to pay the fine on time, the Market Management and Supervision Bureau transferred the case to the court. After the court heard the case, the fine was doubled to 60 million yuan.

After the news spread, many people spoke out in support of Peng, believing that Peng had indeed saved many people by using self-study medical skills. They also felt that the fine of 60 million yuan was like a skyrocketing price, and the punishment was too severe.

Some people may also ask, Peng's medicine is very effective, but what is the difference between real medicine and fake medicine?

In fact, the regulations on counterfeit drugs are not limited to the effects and effects of drugs. According to China's "Drug Administration Law", any drug that contains ingredients that do not match the national drug standards or is not sold with national permission belongs to counterfeit drugs.

Drugs are not ordinary commodities, they directly affect the safety of the people's lives. There are clear national regulations and punishment measures for counterfeit and substandard drugs.

Peng thought that his self-made medicine could be comparable to regular drugs and had cured many patients, but truth is truth, and falsehood is falsehood. If one confuses truth with falsehood, it is easy to touch the bottom line of the law. With the support of many doctors and patients, Peng was not convinced and delayed the payment of fines. The country had already given him the opportunity to make up, but he did not repent and was still preparing to sue.

So he ultimately received a fine of 60 million yuan.

Next, we will analyze with specific legal provisions why Mr. Peng, who believes himself to be practicing medicine with good intentions, received this "skyrocketing" fine.

The Market Supervision and Administration Bureau applied to the court of Qionglai City City for compulsory execution. After being accepted by the court of Qionglai City City, a Judicial panel was formed according to law and a public hearing was held on February 24.

During the hearing, Peng had no objections to the facts and enforcement basis of the administrative penalty determination made by the applicant for enforcement, but stated that he had poor financial ability and was unable to pay more than 31.3 million yuan in illegal gains and fines.

The court held that the decision on administrative punishment made by the applicant Qionglai City Municipal Market Supervision and Administration Bureau had clear facts, sufficient evidence, correct application of law and legal procedures.

Peng who fails to pay the fine on time shall be fined in accordance with the provisions of Article 72, Paragraph 1, Item 1 of the Administrative Penalty Law. "If the fine is not paid on time, an additional fine of 3% of the amount of the fine shall be imposed daily, and the amount of the additional fine shall not exceed the amount of the fine.

According to the regulations, Peng should pay a fine of 30 million yuan, three percent of which is about 900000 yuan, that is, Peng should pay an additional fine of 900000 yuan for a day overdue. When Qionglai City Market Supervision Administration applied to the court for enforcement, the deadline for Peng to pay the fine had exceeded one year. Since the amount of the additional fine should not exceed the amount of the fine, Peng should be fined 30 million yuan.

In the end, the Qionglai City City Court made a ruling to approve the compulsory execution applicant, Qionglai City City Market Supervision and Administration Bureau, to confiscate the illegal income of more than 1.3 million yuan, to impose a fine of 30 million yuan, and to impose a fine of 30 million yuan.

After the hearing ended, the case handling judge provided legal education to Peng in court, giving people a warning effect. Although Peng's use of traditional Chinese medicine to save people was kind, it touched the red line of the law, causing losses and losses.

After the case enters execution, if Peng refuses to comply, the court may take measures to restrict high consumption such as not being able to travel by plane, high-speed rail, or purchase property, but not limited to including him in the list of dishonest individuals. If the circumstances are serious, Peng may be held criminally responsible for refusing to comply.

Can I treat others without a medical certificate?

It is illegal to treat patients without a medical qualification certificate. His behavior is suspected of the crime of illegal medical practice, which refers to the illegal practice of medicine by a person who has not obtained the qualification to practice as a doctor. If the circumstances are serious, the perpetrator will be sentenced to fixed-term imprisonment of not more than three years, detention or public surveillance, and also or only a fine.

According to Article 336 of the Criminal Law of the China, a person who has not obtained the qualification to practise medicine illegally, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall only, be fined; Those who seriously harm the physical health of the patient shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the death of the patient is caused, he shall be sentenced to fixed-term imprisonment of not less than ten years and shall also be fined.

In this case, Peng practiced medicine without a license and giving medical treatment to others is considered illegal. If it causes serious accidents and endangers life safety, it may also violate the criminal law.

What laws have Peng's self-made drugs violated?

According to Articles 41 and 51 of China's Drug Administration Law, those without a drug production or trading license are not allowed to produce or trade drugs.Peng made his own medicine and sold it on a large scale, disregarding the physical health and safety of the people. He has weak legal awareness and has seriously violated this law.

Secondly, according to the provisions of the Drug Administration Law, those who produce or sell drugs without obtaining a drug production license, drug trading license, or medical institution formulation license shall be ordered to close down, and the illegally produced or sold drugs and illegal income shall be confiscated. A fine of 15 to 30 times the value of the illegally produced or sold drugs shall also be imposed.

The punishment imposed on Peng in this case is about 20 times the value of his illegal manufacturing and sales of drugs, totaling 30 million yuan, which is within a reasonable range.

Why did the fine increase from 30 million to 60 million?

Article 72 of China's Administrative Penalty Law clearly stipulates that for overdue fines, an additional fine of 3% of the daily fine shall be imposed, and the amount of the additional fine shall not exceed the amount of the fine.

The court confirmed Peng's illegal behavior and believed that the Market Regulation Administration's punishment was appropriate. Due to Peng's refusal to pay the fine, Mr. Peng's fine increased from 30 million yuan to 60 million yuan.

Conclusion

Traditional Chinese medicine, as a part of our traditional culture, is a double-edged sword with diverse resource attributes, rich value forms, and comprehensive social functions. At the same time, attention should also be paid to the practice and pharmaceutical standards of traditional Chinese medicine.

Strengthen the scientific popularization of traditional Chinese medicine practice laws,Advocate for licensed medical practiceTake its essence and discard its dross, so as to better cure the disease and save the people, and constantly promote the inheritance of the essence, integrity and innovation of Chinese medicine culture in the new era. Develop its own unique theoretical and practical system of traditional Chinese medicine, and construct a health model with Chinese characteristics.

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