Criminal regulation of routine therapy in private hospitals
In recent years,private hospitals have treated chaos with routine therapy.Under the cover of legally established hospitals,these private hospitals frequently commit illegal and criminal acts against patients by taking advantage of the asymmetric information between doctors and patients and the unequal relationship between doctors and patients,causing physical and psychological harm to many victims,disrupting the normal medical order,seri-ously hindering the benign development of private hospitals in China and causing relatively bad social impact.Rou-tine therapy in private hospitals can be divided into four types:exaggerated curative effect type,exaggerated condi-tion type,fictitious condition(curative effect)type and intraoperative price increase type.In judicial practice,the criminal regulation of routine therapy in private hospitals should be combined with the subsequent charging methods,determine the specific types,and accurately distinguish between crime and non-crime,this crime and that crime.Ac-cording to whether the actor has the purpose of illegal possession,the routine treatment in private hospitals can be divided into two situations:valuable treatment and worthless treatment.For valuable routine treatment,according to the charging method and the victims psychological compulsion,they are treated as civil fraud or forced trading re-spectively.For worthless deceptive routine treatment,if the victim voluntarily pays the fee,it should be considered as fraud.For the worthless compulsive routine therapy,according to the coercive degree of the charging method,it is respectively identified as extortion or robbery.
Routine therapyCrime of fraudCrime of forced tradingCrime of extortionCrime of robbery
NETL
NSTL
万方数据
