Identification Of Illegal Medical Beauty Activities In Criminal Law

There are many controversies about the identification of different beauty acts.What kinds of beauty acts belong to medical behaviors,and there are many different opinions on the concept of "medical behaviors".On the other hand,whether the personnel engaged in illegal beauty activities are convicted and punished for the crime of illegal medical practice,and how to identify the subjects and the responsibilities of the participants among the participants.This article will take Geng Mou case as an example of illegal medical practice,focusing on the illegal acts of the practitioners in the case and the focus of case disputes one by one analysis,with a view to achieving the organic unity of legal effects and social effects.This article altogether about 28820 million words,except for introduction,is divided into the following four parts:The first part: the basic situation of Geng Mou case.This section first briefly introduced the basic case of the illegal medical practice of Geng Mou and others.Second,it elaborated the disagreement between the prosecution and the defendant on the case,that is,the two sides did not agree on the qualitative issue of beauty activities in the beauty institute;finally,combined the facts of the case,disagreements between the parties,and the relevant criminal law theories,summed up the fact that the focus of the dispute in this case was mainly whether the behavior of Geng Mou and others was a medical act.What is the causal relationship between the beauty activities of Geng Mou and others and the result of the serious injury of the victim Wang? What is the identification of the Criminal Law of the participating subjects,especially the foreigner,the South Korean,Cui Moumou? In this case,the determination of accomplices and the division of responsibilities between the participating parties?The second part: the legal analysis of related issues.This part is the focus of this article.First of all,it discusses the difference between beauty act and medical act.Combining with various theories,we think that medical cosmetology belongs to medical behavior in a broad sense and life beauty does not belong to medical act in a broad sense.Secondly,according to the theory of causality and related theory,Discussing the causal relationship between the illegal beauty activities and the result of the harm according to the situation;Thirdly,studying various subjects of the illegal beauty activities,elaborating on the criteria of the doctors’ qualifications and the qualification of the medical assistants,In addition,based on the cognizance of the main body,it also divides the relationship between the main body of theaccomplice and its general liability and aggravate the burden of responsibility.The third part: analysis and conclusion the case.According to the second part of the jurisprudence analysis,the assertion that the defendant jointly completed the injection of hyaluronic acid belongs to medical activities,and its illegal beauty activities are the direct and necessary causes of the victim’s body injury.The both have a legal causal relationship.All the defendants do not meet the qualification requirements prescribed by law,constitute the body of the crime of illegal medical practice,but the unit is not within the scope of the law,it temporarily does not become the subject of the crime.Organizer Geng Mou and the implementer Cui Moumou belong to the main culprit in the main culprit,and Meng Moumou and Bai Moumou only play a supporting role,which belongs to the offender.The fourth part: The enlightenment of this case study.Through the foregoing analysis,the following three suggestions are made on the issue of criminal law recognition for illegal beauty activities in beauty institutions.Hopefully,this can be a good reference for combating the increasingly rampant illegal beauty behaviors: first,improve the medical legislation system;second,establish a good The external communication mechanism;third,regulate the medical beauty market and reduce the probability of illegal medical practice.