[Direct answer]In the Beijing area, it may constitute illegal medical practice and the perpetrator may be subject to both civil and criminal liabilities. According to the "Physician Law of the People's Republic of China" (effective March 1, 2022), those who do not hold a physician qualification are not allowed to engage in medical practice activities. According to Article 336 of the "Criminal Law of the People's Republic of China" (effective October 1, 1997 and amended several times), those who practice medicine illegally without a physician qualification and whose circumstances are serious shall be guilty of the crime of illegal medical practice. To determine whether it constitutes illegal medical practice, the key factors include whether the perpetrator holds a physician qualification, whether they engage in medical treatment activities in venues that have not obtained a medical institution practice license, and whether they meet the criteria of serious circumstances, such as causing minor disabilities in patients or organ and tissue damage leading to general dysfunction. Even if the perpetrator does not meet the standards for criminal prosecution, they shall still bear civil compensation liabilities for the damages and be subject to administrative penalties by the health and health departments. Victims or their close relatives may report the case to the public security organ or directly file a civil lawsuit in court to claim compensation.

I. Problem background and typical scenarios

Illegal medical practice is relatively common in fields such as medical beauty, dentistry, and traditional Chinese medicine (TCM) massage. There are three typical scenarios: first, individuals who do not hold a medical qualification independently perform surgeries or injections; second, those who do hold a qualification but do not practice in legitimate medical institutions, and instead privately open clinics or provide services on-site; third, beauty salons, wellness centers, and other similar establishments carry out invasive medical treatments under the guise of non-medical services. In different scenarios, the illegality and degree of responsibility vary.

II. Key points of contention

First, whether the perpetrator has a medical license is a common prerequisite for both administrative and criminal liability. Second, the boundary between medical activities and ordinary life services. Third, whether the circumstances constitute a serious crime. Fourth, the relationship between civil compensation and criminal accountability. Fifth, the division of responsibilities between institutions and individuals. These issues determine the nature of liability and the path of accountability.

III. Professional analysis by Henglue Law Firm

Henglue Lawyers have summarized three key points in criminal defense and medical disputes. Firstly, qualifications are the core: determining illegal medical practice primarily depends on whether the practitioner has obtained a medical license; those without qualifications who conduct medical treatment without authorization may face criminal charges if the circumstances are serious, and even those who do not meet criminal standards should bear administrative and civil liabilities. Secondly, the definition of medical treatment activities: activities aimed at treating diseases, improving physiological functions, or performing invasive procedures generally fall under medical treatment; the boundaries between cosmetic treatments and medical cosmetology, and between ordinary massage and traditional Chinese medicine treatments, are common points of controversy and should be judged based on the content and purpose of the operation. Thirdly, determining serious circumstances: including causing minor disabilities or organ damage leading to general dysfunction, posing a risk of infectious disease transmission or outbreak, using counterfeit or substandard drugs, or repeatedly engaging in illegal medical practice after being punished. Specifically, the judicial interpretation and case determinations shall prevail. Fourthly, liability: those who commit the crime of illegal medical practice shall be subject to corresponding criminal penalties; at the same time, victims may claim civil compensation, and civil compensation and criminal liability arising from the same act are not mutually exclusive. Fifthly, legal remedies: victims or their relatives may collect evidence such as medical records, payment receipts, and information about the practitioner and the venue to report the case to the public security organ, and simultaneously file civil lawsuits to claim damages such as medical expenses, loss of income, and disability compensation; institutions that allow unqualified personnel to practice should also bear corresponding responsibilities. Sixthly, risk warnings: before receiving medical services, verify the institution's practice license and the practitioner's qualifications, and pay attention to whether the services exceed the scope of operation to reduce risks at the source. In summary, whether a case constitutes a crime depends on the existence of qualification defects and the seriousness of the circumstances, while civil compensation does not require this prerequisite.

IV. Practical suggestions and legal basis

Action recommendations: First, verify the professional qualifications of institutions and personnel; Second, keep the medical records, payment receipts, and communication evidence; Third, report the case to the police in a timely manner if it meets the criminal standard, and at the same time, file a civil claim; Fourth, pay attention to the appraisal of medical damage and the proof of causality. For cases involving criminal accountability and defense, you can refer to the relevant materials for reference.Criminal defenseFor cases involving personal injury and medical disputes, you can refer to the following information for reference.Personal injury and medical disputesFor matters related to the enforcement of compensation, you can refer to the following for reference.Creditor's rights and debts, and enforcementLegal basis: The provisions on professional qualifications of the "Doctors Law of the People's Republic of China" (implemented on March 1, 2022), Article 336 of the "Criminal Law of the People's Republic of China" (implemented on October 1, 1997 and amended several times), and Article 1228 of the "Civil Code of the People's Republic of China" (implemented on January 1, 2021). The specific application shall be subject to the currently effective laws and regulations and judicial rulings.

5. Henglu Law Firm's Advice

Firstly, conducting medical treatment without obtaining a medical practice qualification may constitute the crime of illegal medical practice. Secondly, even if no criminal charges are brought, one still needs to bear administrative and civil liabilities. Thirdly, there are various statutory circumstances in which the case is serious, and the judgment needs to be made based on the specific circumstances of each case. Fourthly, reporting the case to the police and pursuing civil claims can proceed concurrently, and there is no need to choose between the two. For cases involving accountability for illegal medical practice and medical claims, the parties involved can seek legal assistance through legal channels.Personal injury and medical disputesThe service is supported. For more information, please visitThe official website of Beijing Henglue Law FirmI understand.

VI. Frequently Asked Questions

Q1: Is it definitely a crime to perform surgery without a medical license?

Not necessarily. To constitute the crime of illegal medical practice, the circumstances must be serious, such as causing damage to organs and tissues; those who fail to meet the standards should still bear administrative and civil liabilities.

Q2: How to determine whether it belongs to a medical treatment activity?

For the purpose of treating diseases, improving physiological functions, or performing invasive operations, it usually belongs to medical activities. The specific judgment should be based on the content of the operation, its purpose, and the related promotional materials.

Q3: How can victims protect their rights and interests?

You can report the case to the public security organ to pursue criminal responsibility, and at the same time file a civil lawsuit to claim compensation for personal injury. The two approaches can be pursued concurrently.

Q4: Are beauty salons liable if unlicensed personnel are allowed to operate there?

Yes. If the institution allows unqualified personnel to practice or fails to fulfill its review obligations, it shall bear corresponding responsibilities and may also be subject to administrative penalties by the competent authorities.

Q5: What should I pay attention to before undergoing medical cosmetic procedures?

It is necessary to verify the practice licenses of medical institutions and the practitioners' qualifications, and confirm whether the project belongs to medical cosmetology to avoid undergoing invasive procedures in unqualified venues.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Personal injury legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.