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  • Started 10 years ago by bnv3pF1We

  1. <br>Times reporter Liu Division<br> <br>Eight years later, standing in the doorway Dragon Chinese Medicine Hospital, You Liangjun still fear, he summed up why he then decided to play administrative lawsuits: "! Is forced out."<br> <br>It Liangjun 48-year-old is the largest private hospital --- Cangnan Dragon Chinese medicine hospital dean. For eight years, he fought a lengthy administrative lawsuits,http://meguru.jp/cgi-bin/joyful/joyful.cgi, its object is the higher authorities to prosecute the hospital Cangnan Health Bureau.<br> <br>This administrative litigation over the past decade from Zhejiang 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.<br> <br>However, a lawsuit, lost the second trial You Liangjun all, the High Court also rejected his application for retrial. In a very long time, I Liangjun representations have been brought to the Supreme Court, which he claims is a "feel justified, and would like to have a say."<br> <br>Now, he seems to usher in a ray of hope. July 2, the Zhejiang Provincial People's Procuratorate filed administrative protest to the High Court, that the Wenzhou Intermediate People's Court of Final Appeal ruling Dragon Chinese Medicine Hospital v. County Health Department's case, there are facts and errors of law apply.<br> <br>The first punishment<br> <br>What kind of approach to the medical market regulation has become the health sector need to solve the problem<br> <br>Dragon City Chinese medicine hospital located in Cangnan County, familiar You Liangjun people used to call him "You Yuanzhang." Longgang local, Yuanzhang many friends, most people are good impression of him, "his very polite, very low key."<br> <br>The mid-1980s, leaving You Liangjun Cangnan County Farm Bureau seed company jobs into business. In the decades of business experience, it Liangjun gradually accumulated a certain amount of capital. 1995, especially in a variety of ways of financing more than 1100 million, started a set of medical convalescence as one of the Dragon qigong sanatorium.<br> <br>Approved by Wenzhou Municipal Health Bureau, at the November 11, Dragon Qigong nursing home official business. Wenzhou Municipal Health Bureau at the time the license issued to Qigong nursing home, there are X-ray clinic business.<br> <br>1998, Liangjun the peak of his career. This year, the Health Department of Zhejiang Province agreed qigong sanatorium by hanging "Cangnan Dragon Chinese Medicine Hospital" sign. Since then, the Dragon City Chinese Medicine Hospital has become the official name of the hospital.<br> <br>This year, the Health Department of Zhejiang Province, the CT machine back to Dragon City Chinese Medicine Hospital issued a "license large-scale medical device applications." That year, the hospital's operating income amounted to 300 million.<br> <br>Career success also brought to other honors. You Liangjun Cangnan County in the year was named the top ten outstanding young people,chaussure Louboutin pas cher, this is the official Dragon Chinese Medicine Hospital where he and his kind of recognition.<br> <br>The medical order Cangnan the 1990s, relatively confusing. More than 800 hospitals in the county have more than 350 workers out of hospitals in the door at home, and became a self doctor. Official statistics show that there were 607 private clinics, plus a few of underground clinics, private clinics in the county more than 1100, only lingxi economically developed, Longgang two towns, amounted to more than 300 private clinics. Illegal practice of medicine without a license to practice medicine flooded the Cangnan medical market, it has occurred medical malpractice.<br> <br>Clearly, the chaos of Cangnan medical market needs regulation. But on the other hand,louboutin pas cher, what kind of way of the medical market regulation has become the health sector need to be solved.<br> <br>Military origin of Health Bureau in 2000 HUANG Xian hiding his inauguration, he determined to rectify the medical market order. In some local people, "Mr WONG personal clinic with prejudice." This conclusion is supported by the fact that, in the next few years, health authorities have banned more than 400 unlicensed clinic, without qualification 220 people and does not have the "Medical Practitioners" provides 363 private clinics opened.<br> <br>In 2003, when Tibet HUANG Xian interview, has said publicly that: "it is to catch up the hill all the individual physician,http://www.primariesre.com.au, poverty-stricken areas to solve difficult medical!"<br> <br>HUANG Xian Tibet in just appointed in August 2000, Cangnan Health Bureau for the first time Dragon Hospital of an administrative penalty. Cang Wei penalty word document No. 175 [2000] Display: Dragon Hospital of punishment because without the "ray devices work permits," engaged in unauthorized ray diagnosis, radiation breaks and ambient dose exceeded the national standard. Penalty decision: deadline for improvements, and a fine of 5,000 yuan.<br> <br>Dragon City Chinese medicine hospital received a punishment, in accordance with the requirements in the next active rectification Health Bureau.<br> <br>Fuse<br> <br>Since then, the original is a friend of You Liangjun and HUANG Xian Tibet, became estranged, no contact<br> <br>2000,scrape hogan, Dragon City Chinese Medicine Hospital was founded in the fifth year, the hospital has gradually become Cangnan "public health sentinel units", "social health insurance designated units" and "traffic accidents emergency medical center."<br> <br>That same year, 41-year-old Tibetan transferred HUANG Xian Bureau of Health. Sources close to Huang told reporters, "Mr WONG previously Cangnan County Organization Department chief of cadres."<br> <br>It can be said, HUANG Xian Tibet and You Liangjun are friends. In particular, 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 with his father in the hospital when they are sick also I lived."<br> <br>So, what happened to make feel incredible. You Liangjun guess, was triggered events should be December 1, 2001.<br> <br>That night, the Dragon City Chinese medicine hospital admissions eight food poisoning patients. Since the sudden poisoning, there is the presence of television cameras reporters. It is time video and video shows, with an alcohol after Secretary of Tibetan HUANG Xian came to the hospital, do not ask do to save the patient, but the doctor on duty asked loudly whether the practice qualification. Doctors and nurses on duty to those who do not know the identity, that is the trouble and that the two sides verbal dispute.<br> <br>In this process, HUANG Xian Tibet, said: "without the consent of the executive branch are illegal medical practice, from tomorrow I will start renovation you, Dragon City Chinese medicine hospital I did not come to control you, private (the hospital) that they can not do."<br> <br>Day, You Liangjun as the only two representatives of Zhejiang, is in Beijing to attend the National Conference of Private Hospital. Cangnan Before leaving, he told the deputy governor in charge of health care. County and HUANG Xian Tibetan reporting. Deputy governor said at the time,http://www.bbmri-wp4.eu/wiki/index.php/User:S4b0g6FD3f#he_does_not_abandon_a_row_over_20_days_to_find, "then you go, bring back the good news." Obviously, living in Beijing ahead of got bad news from home.<br> <br>About 22:00, the body in Beijing surnamed to their friends call, ask 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." The friend surnamed Chen told reporters.<br> <br>Chen said the situation is clearly not able to help a friend brought under control. The same day, Mr WONG until late before leaving the hospital. The next day, the health bureau that is sent to the Dragon Chinese medicine hospital to be checked, the third day began a criminal investigation.<br> <br>May 31, 2002,http://www.shopwave.ne.jp/jhc/cgi-bin/bbs/bbs.cgi, Dragon Hospital of Cangnan Health Bureau has made administrative penalty notice. Cang Wei penalty 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."<br> <br>In 2002, a fine of 930,000 yuan is still a huge number. Although Cangnan relevant departments trying to coordinate the two sides do, however, relevant coordination county leaders did not play the actual results.<br> <br>Since then, the original is a friend of You Liangjun and HUANG Xian Tibet, became estranged, no contact.<br> <br>"Despite repeated complaints"<br> <br>Four experts eventually concluded, was "the place Cang Wei Jian Zi (2001) No. 006 of the evaluation report of excessive oversight conclusion can not be established."<br> <br>It Liangjun with their words, their "official report" experience is "repeated complaints failures,parajumpers femme, despite repeated complaints."<br> <br>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.<br> <br>Zhejiang Lawyer YE Ken was the Dragon Hospital of legal counsel, the plaintiffs lawyer when he was also the first instance.<br> <br>He recalls that when the case, YE Ken said: "City Hospital of reason did not get" ray equipment health permits, "precisely because Cangnan Health Bureau administrative omission caused."<br> <br>August 2002, Cangnan court against Dragon Chinese Medicine Hospital. In the first instance verdict, the Dragon Hospital of evidence after receiving its first Health Bureau administrative penalties, in accordance with the requirements of active rectification and has multiple applications for a permit, but such proof is essentially "business association with the case, not adopted "by a NO over.<br> <br>You Liangjun and refused to accept losing the first instance verdict. In September, the case was appealed to the Intermediate People's Court of Wenzhou City. This time, he invited from Beijing well-known experts in administrative law, law school dean of China University of Political Science Ma Huaide when defense lawyer.<br> <br>After 2000 Cangnan Health Bureau, the first time the Dragon Chinese medicine hospital to make administrative punishment, requiring it to rectify, Dragon City Chinese Medicine Hospital has applied repeatedly "ray devices work permit", were Cangnan Health Bureau ray device excessive grounds refused.<br> <br>August 17, 2001, Cangnan County Health Authority Hospital of Radiology of the Dragon for the corresponding test. Its test report "Chong Wei Jian Zi put there (2001) No. 006" conclusion finds that: Dragon Hospital of Radiology of "X-line air exposure exceeded."<br> <br>And later the two sides in November 16, 2002 before the second instance court, commissioned Zhejiang Jiarui De law firm, please well-known industry experts to do the identification.<br> <br>Expert Group by the National Standards Technical Committee on Health Radiation Health standard professional committee led by Professor Zheng Junzheng, also includes Shun Zhou Yuan, Wu Kuang cloud ancient water dragon and three professors.<br> <br>In the opinion of four experts demonstration, the final conclusion is given: "Cang Jian Zi Wei put there (2001), No. 006 Evaluation Oversight report exceeded the conclusion can not be established; even with data monitoring report in the book, too It indicates that protection is qualified. "<br> <br>You Liangjun feel that this "protective qualified" conclusion illustrates the condition of the hospital radiology department is compliance, health authorities should issue a "ray devices work permit."<br> <br>Despite doing a lot of preparation beforehand,http://dzxxdzy.gotoip4.com/home.php?mod=space&uid=219621, but January 13, 2003, Wenzhou City Intermediate People's Court made a final decision, dismissed the Dragon Chinese Medicine Hospital of the appeal and upheld the original verdict.<br> <br>Under the Wenzhou Intermediate People's Court found that "Dragon Chinese medicine hospital without obtaining the" ray devices work permit ", the engaging in radiation treatment, and the use of non-medical personnel in clinics and health care activities, their behavior is illegal, should accept the administration punishment. "<br> <br>Later, the legal profession challenged this conclusion, based on: Dragon Chinese medicine hospital for review is based Health Bureau for the second administrative penalty exists, and the court has for the first time to the Health Bureau of punishment according to the judgment the second instance.<br> <br> former deputy secretary of Wenzhou City in the early 1990s served as Cangnan Xianzhengfawei secretary, he had the full attention of the court verdict and Cangnan, Wenzhou Intermediate People's Court in the second trial. Recalled the case eight years ago, Zuping admitted that "the facts itself is concerned, I think the decision was unfair."<br> <br>Now is the vice president of China University of Political Science Ma Huaide on July 27 then declined a reporter's interview request. However, there is still the impression Youzu Ping, Ma Huaide hearing before confident can win, but after losing the second trial, he kept shaking his head, saying that "this place is too complicated!"<br> <br>After losing the Wenzhou Intermediate People's Court of Final Appeal, You Liangjun by borrowing money to cobble together a 930,000 yuan fine for this. However, he refused to accept the verdict.<br> <br>Since then, he again drew representations to the High Court. High Court again rejected his representations trial please. High Court (2003) Zhejiang line supervisor word No. 11 held that: what punishment health administrative departments facts are clear and sufficient evidence, legal procedures.<br> <br>Inflection point after eight years<br> <br>Zhejiang procuratorate drew protest:. "Equal treatment situation is different, is a typical example of the abuse of administrative punishment ...... directly determines the legality of administrative acts accordingly."<br> <br>2005, HUANG Xian Tibetan transferred Cangnan County Labor and Social Security Bureau, which with the current Cangnan Health Bureau, Yang Chang stack, they reversed the positions. Prior to this,http://www.suntechceramics.com, Liangjun while gathering new evidence, while preparing to draw representations to the Supreme Court.<br> <br>In the second trial, the You Liangjun once again raised, "Cangnan other hospitals were not made" radiation devices work permit ", the Health Bureau Hospital of punishment only for the Dragon."<br> <br>Cangnan County Health Department claimed, "Cangnan other hospitals have achieved" ray devices work permit "Moreover, the fact that the presence or absence, and Dragon Hospital of illegal behavior has nothing."<br> <br>In August 2003, Wenzhou City Court upheld after You Liangjun Zhejiang Zeda law firm commissioned to one of the points at issue in that case involved: "Cangnan other hospitals were not made" radiation devices work permit " "to investigate.<br> <br>They include former staff members, including Cangnan Third People's Hospital have confirmed that their hospital is located, had not received the "ray devices work permit", radiology staff were also not received "certificates of Radiation Workers . "<br> <br>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.<br> <br>Year in July, Zhejiang bridge You Liangjun commissioned law firm, once again on the case involved "whether Cangnan other hospitals to obtain" radiation devices work permit, "" to investigate.<br> <br>They include former staff members, including Cangnan People's Hospital Radiology are confirmed, each hospital is located, is not received before 2003, "ray devices work permit", radiology staff also did not receive "the Radiation staff badge. "<br> <br>After the Supreme Court in 2007 under notification hair, Zhejiang Higher People's Court President Wang Yafei line filing had been to Cangnan coordinate the case. However, the High Court of coordination did not achieve the results.<br> <br>Time and the past three years,http://237.newfine.net/home.php?mod=spacecp&ac=blog&blogid=, this year, on July 2, Zhejiang Procuratorate brought to the High Court to protest. (2010) Zhejiang subject line anti-people character No. 45 written protest shows that the "situation is different equal treatment, is a typical example of abuse of administrative penalties in accordance with the provisions of Article 54 of the Administrative Procedure Law, directly determines the appropriate administrative behavior is legal. "<br> <br>Provincial Procuratorate of the protest in writing also suggests that "a number of witnesses testified in this case, Cangnan other hospitals in the Cangnan County Health Department made the decision did not receive a" ray devices work permit ", the only punishment for the complainant, with a clear abuse acts of authority, should be revoked. "<br> <br>The impact of the case after the Provincial Procuratorate protest, Director of Publicity Department of the provincial procuratorate admitted in an interview with reporters, "Then, depending on the High Court's view of the case may have three possibilities: First, to maintain the original sentence, and second, the High Court commuted direct the third is scheduled for retrial. "<br> <br>Former deputy secretary of Wenzhou City in an interview with reporters, admitted that "for the private hospital, should hold support attitude, and not a means to suppress it and then administration."<br> <br>July 28, Times reporter contacted former Cangnan Health Bureau HUANG Xian Tibet, he declined to be interviewed, "related matters can be found (Cangnan) Health Bureau went."<br> <br>You Liangjun then said, "really want to make big money then, I had to engage in real estate." He repeatedly said, "they just want to run a hospital." The implication,http://www.leme.pt/pesquisa/search.cgi,woolrich outlet, he had not expected, do private hospitals would be so difficult.<br><br>

    Posted 10 years ago #

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