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Times reporter Liu Ke

Eight years later, standing in the doorway Dragon Chinese Medicine Hospital, You Liangjun still fear, then why he decided to play himself summed administrative litigation lawsuit: "! Was forced out."

48-year-old You Liangjun is the largest private hospital --- Cangnan Dragon Chinese medicine hospital president. For eight years, he fought a lengthy administrative litigation lawsuit, its object is the higher authorities to prosecute hospitals Cangnan County Health Department.

This administrative litigation over the past decade from Zhejiang Province Medical Administrative law enforcement process, the target amount of the maximum penalty involved, subject to the highest degree of concern, one of the most controversial cases.

However, this lawsuit is a second instance You Liangjun have lost the fight, the High Court also rejected his application for retrial. For a long time, You Liangjun representations have been brought to the Supreme Court, which he said "felt justified, and would like to have a say."

Now, he seems to usher in a ray of hope. July 2, Zhejiang Provincial People's Procuratorate filed an administrative protest to the High Court that the Wenzhou Intermediate People's Court of Final Appeal ruling in Dragon City Chinese Medicine Hospital v Cangnan County Health Department's case,mulberry sale, the existence of errors of fact and law applicable.

The first penalty

What kind of way for the medical market regulation, to become the health sector need to solve the problem

Dragon City Chinese Medicine Hospital is located in Longgang Town, Cangnan, familiar You Liangjun people used to call him "You Yuanzhang." In Longgang local, You Yuanzhang many friends, most people are good impression on him, "man is very polite, very low key."

The mid-1980s, You Liangjun leave seed companies in Cangnan County Farm Bureau jobs into business. In the decade of business experience, You Liangjun gradually accumulated a certain amount of capital. 1995, especially with the various methods of financing more than 1100 yuan, the founder of a set of medical convalescence as one of the Dragon Qigong sanatorium.

Approved by the Wenzhou Municipal Health Bureau, at the November 11, Dragon Qigong sanatorium official business. Wenzhou Municipal Health Bureau at the time the license issued to qigong nursing home, there is an X-ray clinic business.

1998, You Liangjun the peak of his career. This year, the Health Department of Zhejiang Province, agreed to a nursing home by hanging qigong "Cangnan Dragon City Chinese Medicine Hospital" sign. Since then, the Dragon City Chinese Medicine Hospital became the official name of the hospital.

This year, the Health Department of Zhejiang Province Hospital of the CT machine back to Dragon issued a "permit large-scale medical device applications." That year, the hospital's operating income amounted to over 300 million.

Career success also brought to other honors. You Liangjun Cangnan County in the same year was named the top ten outstanding young people, this is the official Dragon Chinese medicine hospital where he and his kind of recognition.

The medical orderly in the 1990s Cangnan, relatively chaotic. More than 800 hospitals in the county has more than 350 employees out of hospitals in the door, the home became a individual doctor. Official statistics show that there were 607 private clinics, plus a few of the underground clinics, private clinics in the county more than 1100, only economically developed lingxi, Longgang two towns, amounted to more than 300 private clinics. Illegal practice, practicing medicine without a license flooded the Cangnan medical market have occurred when medical malpractice.

Clearly, confusion Cangnan medical market needs regulation. But on the other hand, what kind of way to rectify the medical market, becoming the health sector needs to be solved.

Military origin of the Health Bureau in 2000 HUANG Xian hide his inauguration, he determined to rectify the medical market order. In some local people, "Mr WONG individual clinics have prejudices." Facts to support this conclusion is that in the next few years, the Health Department has banned more than 400 unlicensed clinic, no qualification 220 people and do not have the "Medical Practitioners" provides 363 private clinics opened.

2003, when interviewed by the media HUANG Xian Tibet, has said publicly: "it is to catch up the hill all the individual doctor and solve difficult medical poor areas!"

HUANG Xian just took office in possession of August 2000, Cangnan County Health Department for the first time on Dragon Hospital of an administrative penalty. Chong Wei sent word document No. 175 [2000] Display: Dragon Hospital of punishment because without the "ray device work permit," engaged in unauthorized ray clinics, places and ambient dose radiation than the national standard. Penalty decision: deadline for improvement, and a fine of 5,000 yuan.

Dragon City Chinese Medicine Hospital received a punishment, in accordance with the requirements thereafter active rectification Health Bureau.

Fuse

Since then, the original is a friend of You Liangjun and HUANG Xian Tibet, strangers, no contact

2000, Dragon City Chinese Medicine Hospital was founded in the fifth year,woolrich outlet, the hospital has gradually become Cangnan "public health sentinel units", "social medical insurance units" and "accident medical emergency center."

That same year, 41-year-old Tibetan transferred HUANG Xian Health Bureau. Sources close to Huang told reporters, "Mr WONG previously was chief of Cangnan County Organization Department cadre."

It can be said, HUANG Xian Tibet and You Liangjun are friends. In particular,peuterey outlet, it seems, at least, before the court, his relationship with HUANG Xian Tibet is also good, "Sometimes he would come to the hospital, sitting in my office talking ill of his father also lived in my hospital."

So, what happened to make feel weird. You Liangjun guess, was triggered events should be December 1, 2001.

That night, the Dragon Chinese medicine hospital admissions eight food poisoning patients. Due to sudden poisoning, there is the presence of TV cameras reporters. According to the prevailing video and video display,air jordan femme, with an alcohol in the possession of the Secretary HUANG Xian came to the hospital, do not ask to save the patient, but the doctor on duty asked aloud whether the medical licensing. Doctors and nurses on duty to those who do not know the identity, that is trouble, so the two sides verbal dispute.

In this process, HUANG Xian Tibet, said: "without the consent of the executive branch are the illegal practice of medicine, from tomorrow I will begin remediation you,http://my.5754.cn/home.php?mod=spacecp&ac=blog&blogid=, Dragon Hospital of you I have not come tube, private (the hospital) just can not do."

Day,moncler sito ufficiale, You Liangjun as the only two representatives of Zhejiang, is in Beijing to attend the National Conference on Private Hospital. Before leaving Cangnan, Cangnan County deputy magistrate he had charge of health and HUANG Xian possession reporting. Deputy Magistrate then said, "After you go, bring back the good news." Obviously, living in Beijing ahead of got bad news from home.

Around 22:00, the body in Beijing surnamed to their friends call, make it to the scene to help control developments. "You Yuanzhang said that if hospitals have imperfect, please tell Mr WONG, so I go home again his apology." Friend surnamed Chen told reporters above.

Situation is obviously not able to help control the above-mentioned Chen's friends. The same day, Mr WONG until late at night before leaving the hospital. The next day, the health bureau that is sent to the Dragon City Chinese medicine hospital to check on the third day began a criminal investigation.

May 31,http://www.yx-pet.com/news/html/?252432.html, 2002, Cangnan County Hospital of Health Bureau of the Dragon made an administrative penalty notice. Chong Wei sent word [2002] No. 93 administrative penalty decision: "(1) the unauthorized use of non-health technicians, fined 5000 yuan; (2) the confiscation of Radiology (except CT room) illegal income 934,421.30 yuan."

In 2002, a fine of 930,000 yuan is still a huge number. Although both Cangnan relevant departments trying to do the coordination, however, related to the coordination of county leaders did not play the actual results.

Since then, the original is a friend of You Liangjun and HUANG Xian Tibet,air jordan pas cher, strangers, no contact.

"Despite repeated complaints."

Four experts eventually concluded,woolrich sito ufficiale, was "being put Cang Wei Jian Zi (2001) No. 006 exceeded oversight evaluation report concluded can not be established."

With You Liangjun own words, their own "against officials' experience was" repeatedly complained failures, despite repeated complaints. "

July 17, 2002, Cangnan County court proceedings to request revocation of Cangnan County Health Department made its decision on punishment a fine of 930,000 yuan.

Zhejiang Lawyer Leaves Hospital of Friends of Ken Dragon was the legal counsel, the plaintiff lawyer when he was also the first instance.

Recalling the case, leaves the Friends of Ken said: "City Hospital of reason not made" ray device health permits, "precisely because Cangnan Health Bureau administrative omission caused."

August 2002, Cangnan Hospital of losing court Dragon. In the first instance verdict, the Dragon City Chinese Medicine Hospital after receiving proof of its first administrative penalty Health Bureau, was in accordance with the requirements of active rectification and repeatedly apply for accreditation,http://www.9966sk.com/home.php?mod=space&uid=1678/home.php?mod=spacecp&ac=blog&blogid=, but such evidence is essentially "business association with the case, not adopted "by a not over.

You Liangjun and refused to accept the judgment of the first instance of losing. In September, the case was appealed to the Court of Wenzhou City. This time, he brought in from Beijing well-known experts in administrative law, law school dean China University of Political Science Prof. Ma when the defense lawyer.

After 2000 Cangnan Health Bureau to make the first time Dragon Hospital of administrative penalties, require the rectification, Dragon City Chinese Medicine Hospital had applied several times, "ray device work permit", were Cangnan County Health Department to device-ray excessive grounds refused.

August 17, 2001, Cangnan County Health Authority for Dragon Hospital of Radiology accordingly testing. Its test report "Cang the prison guard put the word (2001) No. 006,nike tn," The conclusion finds that: Dragon's Hospital of Radiology "X line of air exposure exceeded."

Later, the two sides in November 16, 2002 before the second instance court, Zhejiang Jiarui De commissioned law firm, please well-known industry experts to do the appraisal.

Group of experts from the National Board of Health Radiological Health Standards and Technology Professional Standards Committee led by Professor Zheng Junzheng,http://nmasnh5113f.hatenablog.com/entry/2014/10/25/134254, also includes Zhou Shun Yuan, Wu Kuang cloud ancient water dragon and three professors.

Views of four experts in the argument, the final conclusion is given: "The Wild have put Wei Jian Zi (2001) No. 006 exceeded oversight evaluation report concluded untenable; Even with the data monitoring report in the book, but also showed that protection is acceptable. "

You Liangjun feel that this "protective qualified" enough to explain the conclusions of the hospital radiology conditions are substandard, Health Department should issue a "ray device work permit."

Despite doing a lot of advance preparation, but January 13, 2003, Wenzhou City Intermediate People's Court made a final decision, dismissed the Dragon City Chinese Medicine Hospital of the appeal and upheld the original verdict.

Under the Wenzhou Intermediate People's Court found that "Dragon Chinese medicine hospital without obtaining the" ray device work permit ", and engaged in unauthorized ray treatment, and use of non-technical personnel to clinics and health care activities, their behavior is illegal,nike air max pas cher, should be subject to administrative punishment. "

Later, the legal profession has challenged this conclusion, based on: Dragon Hospital of the review is based on the requirements of the Health Bureau for the second administrative penalty exists, and the court has for the first time to the Health Bureau of punishment based on the judgment the second trial.

former deputy secretary of Wenzhou City in the early 1990s served as Cangnan Xianzhengfawei secretary, he had the full attention of the Court of First Instance ruling and Cangnan, Wenzhou Intermediate People's Court upheld. Recalled the case eight years ago,http://www.cdjcfs.cn/news/html/?12713.html, You Zuping admitted that "the facts itself is concerned, I think the decision was unfair."

Now is the vice president of China University of Political Science of Prof. Ma on July 27 then declined a reporter's interview request. However, there is still the impression You Zuping before hearing Prof. Ma confident can win, but after losing the second trial, he kept shaking his head, saying that "this place is too complicated!"

After losing the Wenzhou Intermediate People's Court of Final Appeal, You Liangjun borrow money to cobble together through this 93 million fine. However,jordan pas cher, he refused to accept this verdict.

Since then, he again drew representations to the High Court. High Court again rejected his representations trial please. High Court (2003) Zhejiang Jian Zi No. 11 line ruling: what punishment health administrative departments of the facts are clear and sufficient evidence,http://Tgi.kr/index.php/User:Vd56jb18f3#felchn35tz, legal procedures.

Eight years after the inflection point

Zhejiang Province's Procuratorate brought protest:. "The same circumstances be treated differently, is a typical example of the abuse of administrative punishment ...... directly determines the legality of administrative acts accordingly."

2005, HUANG Xian-Tibet transferred Cangnan County of Labor and Social Security Bureau, the Bureau of Health with the current Cangnan Yang Chang stack, they reversed the positions. Prior to this, You Liangjun while collecting new evidence, while preparing to draw representations to the Supreme Court.

In the second trial, the You Liangjun once again raised, "Cangnan other hospitals were not made" ray device work permit, "Dragon City Chinese Medicine Hospital Health Authority only punished."

Cangnan County Health Department claimed, "Cangnan other hospitals have achieved" ray device work permit "Moreover, the fact that the presence or absence, and Dragon Chinese medicine hospital is illegal not involved."

In August 2003, Wenzhou City Court upheld after You Liangjun commissioned Zhejiang Zeda Law Firm One controversial point for those involved in the case: "Cangnan other hospitals were not made" ray device work permit. " "investigation.

They include the relevant staff, including former Third People's Hospital of Cangnan were confirmed in their respective hospitals, and in no earlier received "ray device work permit", radiology staff were also not received "Certificate of radiation workers . "

Representations material new evidence apparently received a certain effect. May 14, 2007, the Supreme Court issued a notice to the Dragon City Chinese Medicine Hospital, told the representations material has been transferred to Zhejiang Provincial High Court, let direct contact with the High Court.

Year in July, You Liangjun law firm commissioned by Zhejiang bridge, once again on the case involved "Cangnan whether other hospitals to obtain" ray device work permit "," to investigate.

They include former Cangnan relevant staff, including the People's Hospital Radiology confirmed, each hospital is located, before 2003 did not receive "ray device work permit", radiology staff also did not receive "Radiation personnel permit. "

Under the notice in 2007 after the Supreme Court's hair, Zhejiang Provincial Higher People's Court President Wang Yafei court filing Cangnan line had to coordinate the case. However, the High Court of coordination did not obtain the corresponding results.

Time and in the past three years, this year's July 2,abercrombie soldes, Zhejiang Province's Procuratorate to the High Court drew a protest. (2010) Zhejiang seized people line anti-Zi No. 45 protest in writing shows that "equal treatment is different, is a typical example of the abuse of administrative punishment according to the provisions of Article 54 of the Administrative Procedure Law, directly determines the appropriate administrative behavior is lawful. "

Provincial Procuratorate of the protest in writing also suggests that "a number of witnesses testified in this case,http://www.xx135.com/home.php?mod=space&uid=15925, Cangnan other hospitals in making the decision on punishment Cangnan County Health Department did not receive a" ray device work permit ", the only punishment for the complainant, with a clear abuse acts of authority, should be revoked. "

The impact of the case after the Provincial Procuratorate protest, the Director of Publicity Department of Provincial Procuratorate admitted in an interview with reporters, "Next,moncler outlet, depending on the High Court's views on the case may be three possibilities: First, to maintain the original sentence, the second is a direct High Court commuted the third is scheduled for retrial. "

former deputy secretary of Wenzhou City in an interview with reporters, admitted that "for private hospitals, support should hold the attitude, not an administrative means to suppress it again."

July 28, Times reporter contacted the former Secretary of Health Cangnan HUANG Xian Tibet, he refused to be interviewed on the matter, "related matters can be found (Cangnan) Health Bureau to go."

You Liangjun then said,https://www.jnjvisioncare.co.uk/index.php?item/create_form/1, "if you want to really want to make big money, I had to engage in real estate." He repeatedly said, "they just want to do a hospital." The implication, he had not expected, do private hospitals would be so difficult.