Chapter 17 Sixteen Amendments to the Physician Law and the Abolition of Traditional Chinese Medicine

The dignified "Republic of China" "Physician Law" is an undesirable "Physician Law"! This "Physician's Law" was originally a patchwork law, which was formed on September 22, 19 years ago (the 32nd year of the Republic of China).Five years later (the 37th year of the Republic of China), on December 28th, a revision was made, but only three words were changed.Everything else is carried out as it is, and it still harms society! Recently, I heard that the Legislative Yuan is going to revise the "Physician Law". From the standpoint of ordinary people, we have to care about the revision situation, because the person who is engaged in the revision today passed the bill six years and seven months ago, asking the government to The person who set up "Chinese Medicine School" and "Chinese Medicine Research Institute"!The record they left for history that went against the trend of the times is still fresh in the minds of us ordinary people. How can we not be concerned about whether they will make another joke when they amend the "Doctor Law"?

In order to understand how bad the current "doctor law" is, we have to go back to how the "doctor law" came about. The Historical Background of "Physician Law" The Chinese people's concept of disease is full of superstition. They believe that the cause of illness is bestowed by gods, so if they want to recover from illness, they must ask God for divination, and the best way to ask God for divination is to pray.So when King Wu of Zhou was ill, his younger brother Duke Zhou had to pray for a while; Confucius was sick, and his student Zilu had to pray for a while.In other words, being able to pray is equal to being able to heal diseases, and prayer is the responsibility of "witches"; healing is the profession of "doctors", and "witch doctors" have always been called evenly, regardless of family.

Historically, the legends about Shennong and Huangdi's contributions to medicine are all nonsense.The more testable origin of Chinese medicine is in the Yin Dynasty, and the "Wu Peng" and "Wu Xian" are worthy of being called the originators. (They were mentioned seven times in the Songs of Chu. Later Confucians such as Wang Yi and Yan Shigu all thought that "Wuxian" was a person, which was completely wrong!) Starting from this person, it has laid the foundation for Chinese medicine through the ages. --- A witch doctor regardless of the basis.On this basis, for thousands of years, Chinese medicine has not been on the right path of science.At most, there are only medical skills, which cannot be called medical "study" at all.

However, one wonderful thing is that there have been people in the cloak of "innovative medical skills" in all Chinese dynasties. Such people always think that they can revive the bad, refresh the second generation of medical skills, and bring light to patients. Beginning with the emperor Zujia of the Yin Dynasty, this kind of "Chinese medicine savior" came. On the surface, Zu Jia seems to have canceled the superstition of divination, but the medicine he believes in is completely shrouded in metaphysics, and he is still living in the superstitious circle.Later, Bian Que was a savior-like figure. He declared that "there is no cure if you believe in witches or not in medicine", but what kind of "medicine" did he believe in?It's not just a phantasy of poetry!From Bian Que onwards, famous doctors in Chinese history: such as Chun Yuyi, Zhang Ji, Hua Mang, Wang Shuhe, Huang Fumi, Ge Hong, Chu Cheng, Tao Hongjing, Xu Zhicai, Chao Yuanfang, Sun Simiao, Qian Yi, Zhang Yuanyuan, Luo Zhiti, Dai Sigong, Zhang Jiebin, Yu Chang, Lu Maoxiu... These "Qi Bo" and "Lei Gong" of all dynasties have become the idols of Chinese patients, and their so-called "Qi Huang Miao Shu" has also occupied the heart of every patient.It wasn't until the foreign boat of the foreign devils appeared that the patients began to have conflicts.

The first big celebrity to start a conflict was Emperor Kangxi of the Qing Dynasty.In the thirty-second year of his reign (1693), he suddenly contracted malaria.At that time, the yellow royal doctors who were serving him were all tied up, and finally the French devil Liu Ying (Mgr Claudus de Visdelou) was invited to take the quinine from India, and then he recovered from the Holy Eucharist, and everyone was happy. This neglected past event has profound historical significance, because it gave Western medicine one of the most powerful solidarity.With this solidarity, one hundred and sixty-three years later (1856, the sixth year of Xianfeng), an unknown scholar Guang landed in Guangzhou. His name was Huang Kuan, a student who returned from England, and a history The first Chinese to receive a doctor of medicine since.

The situation since then is that the confrontation between Chinese and Western medicine is no longer a dispute between Chinese "Confucian medicine" and foreign "teacher medicine", but a battle between "Chinese medicine" and "Western medicine" under the yellow skin: now! Based on the original medical skills of "ancestral secret recipe", "five movements", "six qi", and "inch-close-rule", in the strict anatomy, physiology, pathology, bacteriology, and clinical diagnosis The ability to have the slightest counterbalance is clearly visible.So, soon, Western medicine embarked on a trend of anti-customer.

In the fifteenth year of Daoguang in the Qing Dynasty (1835), foreigners had established the first Western medicine "school" in China (Peter Parker's "Guangzhou Christian Hospital"); thirty years later (1865, Tongzhi four years ), the first western medicine "school" run by the Chinese themselves (Beijing "Tongwenguan" special science department) also started.But soon, when the influence of traditional Chinese medicine gradually declined, the method of "peaceful coexistence" was thought out.Some smart people came up with a medical education that combines Chinese and Western medicine. Their most brilliant experiment was the "Medical Industry Hall" added by the predecessor of Peking University, the Imperial University Hall, in March of the 29th year of Guangxu (1903). Recruit dozens of students to jointly teach Chinese and Western medicine.But this sweet dream could not last long. After the Republic of China, Chinese medical skills were finally kicked out of the door in decent higher education.

"Physician Law" and Traditional Chinese Medicine On September 11th of the second year of the Republic of China, Wang Daxie became the chief education officer.Although he served as president for only five months and nine days, he advocated a virtuous policy - the abolition of traditional Chinese medicine.It was in January of the third year of the Republic of China. Representatives of the so-called Jingshi Medical Association flooded into the Ministry of Education, requesting to file a case for their "Beijing (TCM) Medical Association".Wang Daxie took a tough attitude and replied to them: "I have decided to abolish traditional Chinese medicine in the future, and Chinese medicine will not be used. You request to file a case, but I can't do it." Now the Chinese medicine practitioners panicked, so they got together with colleagues from all over the world to form the so-called "(Chinese) medicine The "National Salvation Petition Group", led by Yu Dexun, went straight to the State Council in mighty force.They filed a complaint with the State Council and various ministries, hoping to preserve traditional Chinese medicine, but the State Council told them:

...The previous (Education) Ministry set up a medical curriculum to focus exclusively on Western methods. If you don’t know what to do, if you don’t know what to do, you won’t be able to do it if you doubt it. This is tantamount to saying plainly that the government does not care about your Chinese medicine practitioners, but if you want to use both Chinese and Western methods in higher education, this will not work. Looking back on this old incident now, it has been almost half a century.Let us imagine that the political and religious authorities half a century ago had such a vision and such a style, we should really praise them.

After that, there was a series of unlucky days for Chinese medicine. In the 12th year of the Republic of China, the government issued detailed rules for the banning of Chinese medicine: in the 14th year, there was a decree that prohibited Chinese medicine from entering university departments; "The Case of Removing Obstacles to Medical and Hygiene by Medicine" was proposed by Yu Yan, who advocated the suspension of registration of Chinese medicine practitioners, prohibition of setting up schools, prohibition of publicity, changing the name of traditional Chinese medicine hospitals to medical offices, changing the name of traditional Chinese medicine schools to training institutes, and prohibiting enrollment.Yu Yan shouted loudly in this proposal:

... Today's health administration is purely based on science and new medicine, with the meaning of modern politics added. On the basis of "scientific new medicine", he cited four reasons for abolishing traditional Chinese medicine: 1. The meridians of yin and yang, five elements and six viscera, which are used in the old medicine today, are all based on empty foundations, which are completely untrue. This should be abolished, for one thing. 2. It is only holding the radial artery in the face of the disease, arbitrarily dividing a part of the blood vessels into three parts: cun, guan, and chi, so as to control the viscera, piercing the attachment, and deceiving oneself and others.It originated from the study of Weihou, and it is nonsense with the division of astronomy. This should be abolished, two things. 3. The fundamentals are not clear, and the diagnosis is impossible. For investigating the cause of death, identifying the type of disease, and preventing epidemics, none of them are competent.It is the fundamental plan for the livelihood of the nation and the people, and it cannot be used for administrative purposes at all. This should be abolished, three things. 4. The evolution of human culture, with Jedi Tiantong as the biggest key, the history of the test, can be clearly followed.It can be said that he is a master of heaven and earth, who resists the virtues of heaven and respects human affairs, discards xuanxuan and respects reality. [After the Northern Expedition] the government tried to get rid of superstitions and idols in order to scientificize the people's thinking, while the old doctors used their witchcraft and prophecy to confuse the people; Bacteria are the source of disease, and the old doctors always held that typhoid fever in winter, the disease must be warm in spring, summer injury in summer, and malaria in autumn, etc. to teach the symptoms of disease.Advocating the connection between the earth and the sky, and hindering scientificization, this should be abolished, four. His conclusion is: If the old medicine is not eliminated, the people's thinking will remain unchanged, the new medical cause will not improve, and the health administration will not progress. ... For the sake of national evolution and improvement of people's livelihood, we must take decisive measures (abolish the old medicine). The above wise proposal was put forward in February of the 18th year. On March 16th, the Chinese medicine practitioners began to attack. They ran around and petitioned the government to cancel the proposal of the Central Health Commission, and designated this day as the so-called "National Medical Treatment Day". Festival". After TCM suffered two catastrophes in the third and eighteenth years of the Republic of China, the bad luck began to improve. The important factor for the improvement was the support of Chen Guofu, an important party-state official.On April 7th of the 20th year of the Republic of China, the majestic "Central Traditional Chinese Medical Center" officially opened in Nanjing. At the same time, branch offices were established in overseas and various provinces, and branch offices were established in counties. The momentum was so prominent that two years later, it actually reported health The actions of the Department can be imagined!And the chairman of the museum is Chen Guofu, a well-known Chinese medicine protector! Undoubtedly, the rise of Chinese medicine in education must be a signal of success in law.On the contrary, if Chinese medicine practitioners want to maintain their status, they must rely on the power of the law.Only after a firm foothold in law can we further seize the ground in education to prevent decline or "rejuvenate the prestige". Chinese medicine and Chinese medicine defenders have seen this point, so they operate with the goal of obtaining equal legal treatment of Chinese and Western medicine.They have been exhausted in formal education, and they are not willing to be discriminated against in the express law, so they unite together and make trouble, make trouble, make trouble.It wasn't until the 32nd year of the Republic of China, when the old man Senator Kong Geng took the lead in trying to cobble together the 40-article "doctor's law" at the National Political Council in Chongqing, that he finally made up his mind. How did the "Physician Law" come together? When I say that the "Physician Law" is "cobbled together", I am not exaggerating.Anyone with a little training in legal history will understand what I am saying. It turned out that the birth of the "Physician Law" was very different from the Constitution, Civil Law, and Criminal Law.The birth of China's constitution, civil law, and criminal law can be said to be congenital. Not only does it have the traditional Chinese legal system to follow, but it can also translate a large number of foreign provisions. Here, it goes without saying that the fruitful and brilliant results have been achieved.But when we turn our heads and look at the "Physician's Law", we can't help but cry out inwardly ashamed!Looking back at the background of the "Physician Law", we have no "tradition" at all. What "tradition" can tell us is: the Chinese nation is a nation that does not pay attention to hygiene; "Killing people" means "not allowed to practice medicine" or "beheading prison guards", and the imperial chef makes food unclean means "stick eighty" and so on. It can be said that there is nothing at all.After the founding of the Republic of China, there was a health department in the Ministry of the Interior, but the health department had no substance, and there was no legal regulation to back it up. In fact, the health affairs were handled by the police master.The police department has a sanitation department divided into three departments, which manages epidemic prevention and health care.Medical laboratory tests and road ditches.Therefore, the Ministry of Health is in vain, and the medical and health affairs in all provinces and cities have become a separate law of local police affairs: Beijing has its "Regulations on the Banning of Doctors by the Jingshi Police Department"; Jiangsu has its "Certification of Chinese Medicine" "Temporary Regulations"; Shanxi also has its express text "Do not misrepresent divine prescriptions and use other folk prescriptions".Generally speaking, these separate laws are not too bad, at least as far as the dog-headed masters in those places are concerned, they are already reluctant.For example, in Guangdong Province's "Status for Prohibiting Doctors by the Police Department", there are regulations such as "not to practice medicine under the signboard of a Western doctor", "not to open a Western hospital", "not to open a Western medicine room to prepare medicines by oneself" and so on.Its degree of enlightenment and progress is unmatched even today.Under the separate laws in these places, a group of "Han doctors" who carried forward the medical skills of the imperial Han Dynasty obviously did not receive any preferential treatment.In June of the 23rd year of the Republic of China, the Jiangxi provincial government took the lead in the world and set up an agency in charge of health - the Department of Health, which modernized China's local political system in terms of medicine and health, and the popularity of traditional Chinese medicine was naturally more popular. hit.As far as the central government is concerned, it has only seen that the health office has changed from a "division" to a "department" and from a "ministry" to a "administration", and it has not seen any help to traditional Chinese medicine in terms of actual legislation.The decree promulgated by the central health agency is the most specific one announced by the Ministry of Internal Affairs on March 9, 11th year of the National People's Congress.There are two types of decrees issued by the Ministry of the Interior: 1. Article 28 of the "Interim Rules for Managing Physicians". 2. Article 27 of the "Provisional Rules for Managing Physicians". The former is applied in western medicine, while the latter is specialized in traditional Chinese medicine.Although it is a decree for both ends, it is for Chinese medicine. "Contempt" is obvious.For example, one of the eligibility requirements for a "doctor" in China is to "pass the examination of the local police department". What an interesting thing this is!At that time, Western medicine did not require examinations, let alone the examinations were conducted by the "Police Agency"! On January 15th of the eighteenth year of the Republic of China, the Ministry of Health was not satisfied with the eleven-year dual-track legislation, so it promulgated the "Interim Regulations for Physicians".The regulations clearly stated at the beginning: "Before the promulgation of the Physician Law, the approval of doctors shall be governed by the provisions of this Regulation." This clearly states that it is to replace the "Physician Law."In these twenty-five regulations, there is no mention of Chinese medicine at all, which is no wonder that Chinese medicine and Chinese medicine defenders blow their beards.Nine months later, the so-called "National Physicians Association" came out, and because the current "Interim Regulations on Physicians" was not in line with the country's conditions, it was difficult to implement, and it was ordered by the Executive Yuan to be submitted to the Ministry of Health for approval.This time the government failed. Under the "review" of the Legislative Yuan Legislative Affairs Committee, it was confirmed that the "Provisional Regulations on Physicians" were specially designed for Western medicine. "Caicheng, after the last third reading, the "Western Medicine Regulations" appeared, which was officially promulgated on May 27, 19.In fact, this regulation is not much different from the previous "Provisional Regulations for Physicians". It is just a modification, especially limited to "Western medicine". Three years later, Chinese medicine and Chinese medicine defenders came again.They feel that the "Regulations on Western Medicine" is not a good thing, and in order to give it some color, they must come up with "Regulations on Traditional Chinese Medicine".Therefore, in May of the 22nd year, at the 360th meeting of the Central Political Conference, 29 members including Shi Ying unveiled the banner of righteousness, and put forward nine so-called "principles of the National Medical Regulations", with a draft of 26 articles. .These principles and drafts were transferred to the Legal Affairs Committee of the Legislative Yuan, and they became the "Chinese Medicine Bill". After three years of debate, they were finally announced by the government on January 22, 2005. This is the famous "Chinese Medicine Bill" regulations". When the "Regulations on Traditional Chinese Medicine" came out, the old guys were very proud, and their spirit of looking forward to Shu was incomparable.Twenty-four days after the regulations were promulgated, they came forward as the "Central Traditional Chinese Medical Center" and actually "reported" the Department of Health for "tampering with the Regulations on Traditional Chinese Medicine", and took the opportunity to petition the Third National Congress of the Kuomintang. ah! It's another ten years! After ten years of chattering and chattering, Western medicine has taken it!The government has taken it!The old guys finally won! On September 22, 1932, the government promulgated the "Physician Law".The proximate cause of the establishment of the "Physician Law" was promoted by Senator Kong Geng in the National Political Council.The method of revision is to combine the "Regulations on Western Medicine" and "Regulations on Traditional Chinese Medicine", which is a combination of Chinese and Western medicine.From any point of view, this "make-up" has left a shameful record in the history of Chinese legislation.It tells us that the government and the legislature actually sacrificed the principles of modernization, scientific medicine, and medical administration that cannot be discounted in order to "obey" the so-called "public opinion"! The price of this sacrifice is incalculable, and the consequences are difficult to settle.Today, nearly twenty years later, we have tasted the horrible rewards it brought us. The city is full of secret medicine and counterfeit medicine, the street is full of life wine elixir, and the paper is full of thank you advertisements, making us feel as if we are in it. The haunted world of mystery and mystery confuses the starlight of modern medicine.As for the workers of modern medicine, they have long been disheartened and too angry to speak.The day when the "Cobalt 60" equipment came out at National Taiwan University Hospital coincided with the time when contemporary Hua Tuo's "nephrology lecture" had premature ejaculation. What a sharp contrast!The emergence of this kind of comparison is traced back to the source. I don't know what else to blame if you don't blame the "doctor's law"?If this "doctor law" is not overhauled, our days of suffering are still to come.The revision at the end of the 36th year -- the irresponsible revision has already caused us to easily lose a good opportunity, and now it is going to be revised again. Those who can't see the past and those who are worried should stand up and say a few words, Contribute our recommendations to the government and legislature for consideration. Important key to revising "Doctor Law" The reason why I say that the three-character revision in thirty-seven years was an irresponsible revision is because that revision did not catch the itching at all.The gentlemen who presided over the revision did not understand the historical background of the "Physician Law", nor did they understand the grievances and grievances between it and Chinese medicine, nor did they understand the objective environment when it was "cobbled together".Therefore, after the revision, except for changing the original "five" to "three" and "one hundred" to "fifty", there is no trace of progress at all. So, how should the "Physician Law" be amended? My point of view is: the basic legislative intent of the Physician Law is problematic, and if it is to be amended, it should start from here, otherwise the minor amendments will be too boring, and it will not achieve the purpose of making up for the gaps. Anyone who understands the ins and outs of the "Physician Law" knows that the original intention of the legislation is to allow traditional Chinese medicine, which turned back the clock, to obtain equal legal recognition.This kind of recognition is usually very reluctant. For example, in the "Physician Law", the word "Chinese medicine" does not appear until Article 3, which is: "Chinese medicine practitioners who have one of the following qualifications shall also be examined by doctors." It can be seen that in the "Physician Law"; there is no specific "Western medicine", but "Chinese medicine".As for "Chinese medicine", the words "Yi De" are used.But even if this is done, it is tantamount to admitting legal equality, so it is still inexcusable. My reason is that the original intention of legislation in a modern society must not be based on the principle of great reunion, especially the scientific administrative regulations that have no traditional legal system to make trouble, and should simply follow the example of advanced countries. Let the nouns of the "country" size come to the fore.There are many "national quintessence" in our "national" brand. Foreign countries have dramas, and we have "national dramas" to block them; foreign countries have boxing, and we have "national arts" to block them; foreign countries have paintings, and we have "Chinese paintings" to block them; If there is music, we have "national music" to stop it; if foreign countries have new learning, we have "national heritage" and "Chinese learning" to stop it.Let’s put it bluntly, things with the “National” brand name are resistances to our vigorous modernization. They can’t stop the tide from the west, but their nonsense can easily turn us into half-baked people and become painters. It's unbelievable that a tiger can't make it! In a society that is truly determined to modernize, its government and legislature should never spend time on these standard reefs in the world tide.These are the remnants of tradition.Standing in the position of being in charge of a country, it is okay to let the remnants of tradition go up and down, but it is absolutely impossible to encourage or compromise!For example, there has been a wave of African-Americans entering white schools in the past month. These racial prejudices are the legacy of an advanced country's tradition. Even if the people are so uncivilized, the government must not encourage or compromise. This means that the government absolutely does not support the traditional remnants, and will never follow the trend of "following public opinion".This clear approach is worthy of our reflection.Isn't it enough for a modern government to let the "national doctors" pass on the mantle?Why start a "Chinese Medicine College"!Is it not enough to let the "Chinese doctors" do their best?And why should there be special provisions in legislation!From this point of view, the 32-year "Physician Law" is really a law that encourages Chinese medicine to compromise with the legacy of tradition.If this basic legislative intent is not corrected, I have to say that it is a bit naive to imagine that the "Doctor Law" can be amended! Therefore, those who are engaged in modifying it today must recognize the important key to modifying it.You must know that this law itself is inherently deficient. It is not actively designed by "learned people" like the Constitution, Civil Law, and Criminal Law. Its background is tragic.Three hundred years ago, its embryo was formed by the missionaries. During the process of growing the steamed buns, it was not actively valued by patriots. Few are interested in the patriotic way, a big failure of the intellectuals!Intellectuals in the new era must feel that it is ridiculous to talk about the study of mind and nature and go to the door of the powerful, but it is not much wiser to shrink in a research institution.We can really patriotic in a different way, improving society, researching the countryside, visiting traffickers or prostitutes, so as to try to solve one or two practical problems, isn’t this what we should do?Under this scale, Mr. Yan Yangchu, Mr. Wu Jifu, and Mr. Yang Guoshu, their practicality, enthusiasm and wisdom can all represent the radiant side of our intellectuals, and their expert conclusions can also be used as a reference for our representatives of public opinion. .As far as the current "Physician Law" is concerned, legislators have no reason not to respect the opinions of experts, and there is no reason to reject the blueprints designed by experts. The basic crux of the "Physician Law" is that it accommodates Chinese medicine and has become half-baked, which has seriously damaged its legislative spirit.In order to create a new atmosphere for the revision of the "Doctor Law", our legislators should reconsider the complete abolition of the third article, which is: Chinese medicine practitioners who have one of the following qualifications may also be examined by a physician: 1. Those who have obtained a qualification certificate or a medical license from the central competent authority or the provincial or municipal government; 2. Those who have studied medicine in a Chinese medicine school and obtained a diploma with excellent performance in practice; 3. Those who have practiced traditional Chinese medicine for more than five years and have an outstanding reputation. If this article can be completely abolished, the other issues will be leftovers, and the minor difficulties can be easily solved.Because the main difficulties at present are all caused by half-baked laws and regulations, esoteric medicine, counterfeit medicine, elixir of life wine, thank you advertisements...the culprits of these nondescript status quo are all derived from or transformed from traditional Chinese medicine.Anyone with a clear mind will know that Chinese medicine is completely different from orthodox medicine.In the face of orthodox scientific medicine, the "skills" used in Chinese medicine are out-and-out "witchcraft", and the "methods" used are veritable "improper methods" (please note that going back thousands of years ago, in the eyes of Father Miao In Yu Fu's eyes, taking soup and medicine is an "improper method"); because of this, the legislation and administration of medicine and health in civilized countries all over the world cannot recognize that Chinese medicine is not "witchcraft" or not "Bad method".Therefore, we have sufficient reasons to say that the use of traditional Chinese medicine to "cure illnesses and injuries" really satisfies the requirements of Chapter 4 of the "Police and Punishment Law", "violations that impede health", and Article 68, paragraph 5, "using witchcraft or other illegal methods." The clear text of "healing diseases and injuries with legitimate methods" should really "stop its business"; and the herbal medicines used in traditional Chinese medicine that have not been approved by the laboratory are also fully in line with the "not genuine medicines" in the third paragraph of Article 69, and should be be prohibited. With this confirmation, let's look back at the "Physician Law".In Article 24, it has been clearly stated: If a physician engages in improper conduct in business, the competent health authority shall It may be ordered to revoke its business license, or to suspend business.If "Chinese medicine" is a "physician", then their "improper behavior" due to "improper methods" has actually made Article 3 and Article 24 of the "Doctor Law" contradict themselves; if they are not " Doctors", then Articles 68 and 69 of the "Violation of Police Punishment Law" can punish them without regret! This is an extremely important key point. With this understanding, we will know that the esoteric medicine and counterfeit medicine that we scold every day actually include traditional Chinese medicine.Because everyone knows that the "secret" of the so-called "secret medicine" is not a hidden "secret", but a doctor who does not conform to the laws of scientific medicine.Not only is this kind of doctor not "secret", but he advertises it in the newspaper every day!At the same time, everyone knows that the so-called "fake medicine" is a medicine that does not conform to the scientific method of verification. Any medicine that has not been tried by "science", whether Shennong has tasted it or Huangdi has tasted it, is considered a "fake medicine." ".Of course, this kind of confirmation is never recognized by Chinese medicine and Chinese medicine defenders, but it is like a puppet regime and supporters of the puppet regime never admit that they are counterfeit.We will never say that our Western medicine or our regime is legal just because they recognize them as legal - this is not quid pro quo! After confirming that the problem of traditional Chinese medicine is nothing more than a problem of esoteric medicine and counterfeit medicine, we have to say that the "Doctor Law" has become weak in dealing with these problems, and the heaviest punishment in the "Doctor Law" is the second. Article 16: Any doctor who practices medicine without obtaining a medical certificate or joining a medical association shall be fined up to 300 yuan by the competent health authority. This article has an obvious specific punishment object, that is, it must be a "physician". If it is not a "doctor" at all, of course it does not apply, and it can only be punished with the "Punishment Law for Violation of the Police".The term "secret medicine" we are talking about today has a very broad scope, and a reasonable explanation should include: 1. Illegal doctors-"any doctor who has not obtained a doctor's certificate or has not joined the doctor's association to practice without authorization." 2. The quintessence of national esoteric medicine - the Beijing school of Chinese medicine. 3. Aphrodisiac-style esoteric medicine--the Shanghai school of Chinese medicine, who is good at "nephrology lectures". 4. Over-the-counter secret medicine—the pharmacy owner or the pharmacist who despises the doctor. 5. Esoteric medicine based on inner strength - "independent fitness", "scientific inner strength", "national quintessence brain treatment center". 6. Broad-sword-style esoteric medicine -- divided into two types: one is the "circle group", which is fixed; the other is the "set-up group", which is mobile.The latter often goes to the countryside, seduces the village women with the attitude of a genius doctor, and likes to treat diseases with the method of touching bones, but he only touches the places where there are no bones.This faction has been granted extrajudicial grace, because the first article of the "Pharmaceutical Merchant Management Rules" clearly states that "those who set up stalls along the way are not subject to this restriction", so they are the most romantic among all esoteric medicine. Strictly speaking, the first category above can be dealt with by the "Doctor Law", and the other two to six categories should not be within the purview of the existing "Doctor Law", because they are all "non-doctors". "Non-physician" is the same as "non-beer". They sometimes have "medical-like behavior" (or "beer-like appearance"), but they are definitely not doctors under the standards of doctors recognized by all countries in the world.This kind of esoteric medicine is rampant because China does not have a clear law to deal with them. They can only be locked up for seven days or fined 150 Taiwan dollars according to the "Police Violation Law". They naturally don't care. One of the most famous examples is the secret doctor Lin Tiansong case that happened in Taichung five years ago.Lin Tiansong has no medical qualifications, no medical certificate, and of course he will not join the Physician Association.But he put up the signboard of "Atomic Energy Radiation Therapy" in Taichung City. Of course, this is nonsense. As a result, the Taichung City Health Center couldn't stand it, and asked the police to handle it, and cited Article 26 of the "Doctor Law" to punish him. he.But Lin Tiansong refused to accept it. He said that he was not a doctor at all, so how could he use the "doctor's law" to punish him?From the perspective of the existing "physician law", Lin Tiansong's defense is tenable. The "physician law" really cannot punish him, and it really cannot punish the second to sixth categories of esoteric doctors mentioned above. The ridiculous thing is that the "Physician Law" not only failed to punish the second to sixth categories of esoteric doctors, but actually helped them.According to the third paragraph of Article 3 of the "Physician Law", "those who have practiced traditional Chinese medicine for more than five years and have an outstanding reputation" can be examined by doctors. This is really the most absurd law in history!This is tantamount to saying plainly that as long as you have been a "secret doctor" for five years and post some thank-you advertisements to show your "excellent reputation", you can be legally appointed after five years.Isn't this the Great Tang of the Desolate Law Realm?Tracing the source of this law further proves what I mean by "getting together".This law is a copy of the 25-year "Regulations on Traditional Chinese Medicine", and the "Regulations on Traditional Chinese Medicine" is a copy of the "Provisional Regulations for the Management of Doctors" from the 11th year "Temporary Regulations on Chinese Medicine", and this "Temporary Regulations on Examination of Chinese Medicine" will make you dumbfounded when you read it today: Article 8 A person with one of the following qualifications may be certified by the committee; 1. Proficient in arts and sciences, who have read [Chinese medicine] medical books for more than five years; 2. Those who have operated Chinese medicine business for more than five years; 3. Authors who have written books on [Chinese medicine] medicine, etc. From these three points, the Chinese people's legislation is simply a trifling matter of human life. I don't think it is an exaggeration.How can we not complain about such absurd provisions being copied again and again by later generations, and copied into the "Physician Law" passed by the Legislative Yuan for the third reading? This example fully illustrates what I said earlier: "The culprit of the nondescript status quo is all derived from or transformed from Chinese medicine." The crux of the "Doctor Law" is Chinese medicine; the key to revising the "Doctor Law" is also Surrounding the problem of traditional Chinese medicine, if the cancer is not cut off, the ulcer caused by it will continue to expand and spread! Mr. Wu Jifu is an elder after all. Like every doctor who is deeply trained in scientific medicine, he takes a kind of approach to the so-called "Chinese medicine", "Chinese medicine", "Han medicine", "Confucian medicine" and "Jiangnan Confucian medicine for generations". silent protest.The western doctors and the students of National Taiwan University School of Medicine that I have come into contact with also have the demeanor of Mr. Wu Jifu -- a demeanor that I think is slightly negative.Mr. Wu Jifu once asked in Wenxing No. 59 "From Cholera to "Reform"": [Revised] "Physician Law" strictly stipulates that doctors cannot publish exaggerated advertisements. At the same time, "Physician Law" is promulgated separately for Chinese and Western medicine. I have two comments on this passage: First, according to Article 16 of the current "Physician Law", there is already a regulation that "doctors shall not publish or spread false and exaggerated advertisements about their business". The focus of this issue is not on the "strict regulations" mentioned by Mr. Wu Jifu. And how to make doctors fulfill this "obligation".Regarding this point, I am very optimistic. I believe that doctors who are truly clean and self-respecting, with medical ethics, will never make "hypocritical and exaggerated advertisements", and those masters who are thanked in the newspapers all day long, we can do it at all. Doubt they are doctors after all. Second, it is absolutely difficult for me to agree with the opinion of "promulgating physician laws separately for Chinese and Western medicine, each practicing its own way".Because of this dichotomous approach, it is tantamount to going back to the old path before the promulgation of the "Doctor Law" 32 years ago, and it is tantamount to legally recognizing the value of Chinese medicine.It is no different from comparing scientific modern medicine with the ancient medieval medicine of theology and metaphysics, and it is unreasonable for ordinary people to still swing the pendulum between China and the West.Our responsibility today is to strictly implement the Stimson-style "non-recognition doctrine" for traditional Chinese medicine, first deny it in law, and then drive it away in education.Every modern doctor (Western medicine) should feel ashamed that there is a "Chinese medicine" attached to the tail in the medical field.Medicine is medicine, why should there be a distinction between Chinese and Western medicine?Western medicine is just a doctor, so why should there be some guys who don't hang up the handset to make up the number? In short, the revision of the "Physician Law" must be done fundamentally, and there should be no delusional compromise or peace, let alone the so-called official articles of "make key revisions first, and then return to the mainland to implement the rest". If we are fundamentally determined to perform surgery, we can discuss the details further, such as specifying the "removal" part of the Physician Law (Article 4, Paragraph 2), making up for the defects of "Medical Registration" (Article 7), using forced A powerful "medical law" to replace the "violation of the police law" sanction secret medicine and exaggerated advertisements, remove the Chinese medicine part of the "doctor law enforcement rules" and move article 8 of the "physician law" into it, and completely abolish the "Chinese medicine doctor examination method" ", and add the medical and health regulations of modern civilized countries that we lack (such as "Health Station Law", "Mental Hygiene Law", "Venereal Disease Prevention Law", "Hotel Business Law", "Park Law", "Blood Transfusion Law" etc).In addition to these legal provisions, we must strictly require the authority of the following seven agencies and their responsibilities for doctors' medicines, secret medical counterfeit medicines, and advertisements: 1. The Examination Department of the Examination Institute. 2. Department of Health, Ministry of the Interior. 3. Provincial Government Health Department. 4. The Police Department of the Ministry of the Interior. 5. Police Department of Provincial Government. 6. The police stations of all counties and cities. 7. Information Office of the Provincial Government. In addition to these palliative agencies, we have to formally advise the Minister of Education to quickly resolve the Gordian Knot of the "Traditional Chinese Medicine School" and stop doing stupid things that even the education chief half a century ago would not do!Although you did not tie the bell, it must be untied by you. Legislators and the media should reflect on The "Physician Law" is an important mother law related to people's health, and legislators should bear the greatest responsibility for the formulation and revision of the "Physician Law".Judging from decades of history, our legislators, at least in terms of the "Physician Law", have really "not offended" ordinary people, and they have done a lot of evil.他们不但在民国三十六年坐失一次修改的机会，并且还在一九五六年开了一次大倒车--"筹设中医学校"和"中国医药研究机构"。这个议案的通过和当年"中医条例草案"一样，也经过三年之久。可是三年后，胜利终于归于中医和中医的卫道者们。当这群封建的泡沫得势以后，他们得意洋洋的印了一部什么《中国医药复兴实录》，在"前言"里大言不惭地写着： 我国医药事业，亟需设立学校，以谋改进而图发扬，自民国十八年起，即由医界明达陈述利弊，奔走呼吁，所有党国先进、海内外名流，均竭力支援，二十余年来，先后请愿建议，以至罢市绝食，但议决立案概未果行，我中医界全体人士均以此为忠贞救国之职志，再接再厉，永矢弗谖，奋斗到底。 本案……历经三年六个月又六天之久，始获全部完成，万世基业，于焉奠定，人类寿域以此宏开。 唯此重大事件，成就辉煌，为我中医界近百年来空前所仅有…… 一个二十世纪五十年代的立法院，竟让一群妄人达到"近百年来空前所仅有"的迷梦，妄想"人类寿域以此宏开"，这该是何等可叹！现在，他们那位"忠贞救国"的"中华民国全国中医师公会联合会常务理事兼秘书长"兼"教育部医学教育委员会委员"，已经到台中监狱去开"万世基业"去了，他们的"中医学院…改进而图发扬"以后，居然也用起西医的教科书来了，这是何等奇观！我不知道他们在闹些什么？难道也想学三十年前的人编"中西验方新编"吗？ 回想那次议案的通过，当时立法院院会出席的委员有四百一十七人，但是表决的时候却只有一百六十四人，其中因一百四十一人的赞成而宣告通过。换句话说，有两百五十三个立法委员不在这么一个重大的案子上表示意见，只有二十三位立法委员表现出对违反时代潮流的抗议，这该是何等可怜！何等可怜！ 站在小百姓的立场、站在对"医师法"的历史与内容略有所知的立场、站在绝不相信中医能够"宏开""人类寿域"的立场，我不得不严肃指出立法委员的失职与可耻。同时我深信这次失职可耻的纪录，将在立法史上无法冲淡--除非他们决心自赎！ 由于"医师法"同中医的种种问题，我不能不同时责备咱们台湾的舆论界，诚恳的希望主持报纸社论的人，切实想想你们诸君的责任是什么？在立法院通过"筹设中医学校"案以后，你们诸君竟没有一篇不肯媚世的社论、没有一段风骨鳞峋耿介拔俗的意见，这是你们最大的耻辱！你们主持舆论的人，岂可以人云亦云的与世推移吗？岂可以写几块豆腐块的讥讽就算向社会交卷了吗？岂可以对国计民生思想趋向的重大问题随便议论吗？社会上这一类的问题要层出不穷的，你们若自觉所受的思想方法训练不足以解释许多社会现象，你们就不应该乱抒己见。许多可怜的小百姓们等待你们去向导，许多颟顸的立法委员们需要你们去鞭策，他们又要修改"医师法"了，如何设法把他们导入正途，这是你们舆论家的责任。 〔Note〕 有几条史料很可代表五十多年前国人对中西医的看法，抄在下面做为附录。 清末丁福保是介绍日本医学书籍最有成绩的功臣。他在《历代医学书目序》里有这样一段话。 ……西人东渐，余波撼荡，侵及医林，此又神农以后四千年以来未有之奇变也！而骏稚之医，以通行陋本，坊间歌括，盈脑塞口，瞆瞆如豕羊，酣卧于厝火积薪之上，而坐弃他人之长，推之天演公例，数十年后，医学国粹亦不复保存矣！王景沂在《科学书目提要初编》医术科上他说。 西人全体之学，至晚近而益明者，解剖精也。自血管脑筋之理发现，据以推察官骸脏府维系之用，同不密合。常者安之，变者探其原而去其害。夫唯了然于心，于能砉然于手。斯学不明，而嚣嚣以方伎自雄，直妄人而已矣！还有吴挚甫，在他《答萧敬甫书》里写道： ……今西医盛行，理精凿而法简捷，自非劳瘵痈疾，绝无延久不瘥之事。而朋友间至今仍多坚信中国含混医术，安其所习，毁所不见，宁为中医所误，不肯一试西医，殊可悼叹！执事久客上海，宜其耳目开拓，不迷所行，奈何愿久留病魔不一往问西医耶？千金之躯，委之庸医之手，通人岂宜如此？试俯纳鄙说，后有微恙，一问西医，方知吾言不谬。 在半个世纪以后的今天重看上面这些议论，我们应该惭愧的问问：我们的"进步"在哪里？ (postscript) 当我写这篇文字的时候，我早就预料到所谓中医和中医的卫道者们要对我展开围剿，因为这是他们一贯的对付异己者的"祖传秘方"。果然不出所料，他们赶办了一个《革新中医》月刊，由所谓"中华民国中医药学会"理事长担任发行人，常务理事担任社长兼主编，开始在这个刊物里哇哇大叫，在《庆祝中华民国五十二年国医节特刊》里，他们警觉似他说： 最近又出现若干野心分子将步汪〔精卫〕、余〔岩〕之后尘，且变本加厉，由攻击中医中药，进而谩骂政府与立法委员，吾人环顾目前情形，殊与"三一七"事件时代之环境不相上下。 他们又说： 此次阴谋破坏中医药之野心分子，比起十八年时的那一班，虽然地位、学识、声望，都还差得太远，但其野心却更大。 此外是好几篇攻击性的文字，都是攻击"故意摧残中医药者"的。另外在今年的三一七国医节大会里，发布了一项宣言，中间说： ……（略－编者） 上面三段有趣的文字，真可代表中医和中医的卫道者们的"风度"了。 在香港方面，他们自然也展开响应的活动。"香港中国医药出版社"的社长，当年《中医药保卫战》的作者，写出洋洋四千字的文章，攻击李敖--"西洋文化的干儿子"。这种下流的手法，在台湾我也碰到了：台湾中部南部都有剧烈攻击我的文稿和书信。有的甚至说我"步汪逆精卫之后尘，照此认真起来，每一个国民皆有资格，向警备司令部告发你是一个汉好之思想犯"。--这些慷慨激昂的话，更是他们"意底牢结"（ideology）的最佳表现了。 台北今日医药新闻社，举办"修改医师法与革新医界风气的途径"笔谈会，在《今日医药》第二六０号（一九六三年一月一日）发表了我的一点意见： 李敖先生谈修改医师法与医界风气 Mr. Editor: 你提出的"修改医师法与革新医界风气的途径"笔谈会三个问题，我想就前两个问题表示一点意见。 一、对立法院审议修改"医师法"有何具体的建议？ 我在文星杂志六十一号（一九六二年十一月一日）中，写过一篇《修改"医师法"与废止中医》（编者按：该文本刊于去年十一月十二日创刊五周年特刊旦亦有转载），我的主要意见都详细写在这篇文章里。我认为"医师法"的修改，必须从"其木立法原意"动手术，因为我们的基本立法原意，是在"使开时代倒车的中医获得法律上的平等承认"，这是非常要不得的！我深信，不在这儿彻底修改，其他一切寻章摘句的讨论都不是根本的有效的办法，我诚恳的希望朋友们能够仔细考虑我这点"具体的建议"。 二、对今日医界风气的看法如何？ 今日医界风气的最大症结在于"医格"的低落，社会上的"非法医师"、"国粹式的密医"（中医之京派者）、"春药式密医"（中医之海派者）、"柜台式密医"、"内功式密医"、"大刀式密医"……到处把医界风气搅得一团糟，使一般小百姓有时认不清真正正派的医生，没有尊敬他们的习惯，更没有尊敬护士的习惯。所以我认为，培养今日医界风气的基本方法，在于洁身自爱的医生们严格维持"医格"的尊严，不降志、不妥协、不畏人言，先在医界里有了所谓"自清"运动，风气总是会慢慢好转的。 五十二年王月八日台北《联合报）： 不合格中医师不应参加 检核省议会促立法院废弃原法变通规定 〔本报雾岭七日电〕省议会第六次临时大会，七日通过民政审查委员会所提临时动议案，请立法院在审议"修正医师法草案"时，对该条文中第三条第三款予以废弃，以符立法体制。 提案中说：此项条文第三条："一医师具有下列资格之一者，亦得应医师检核。"第三款："曾执行中医师业务五年以上卓著声望者。"查修正医师法草案中，已增订第二十，条条文，系对不合法和不合格之医师（即密医）订有严格刑罚，加强取缔之明文，已充分表明政府对无照密医严厉制裁和革除积弊的决心，如原法第三条第三款予以保留，即无异政府又对不合格之中医师承认其执行业务。是以在同一立法之条文中，不应有此矛盾，以维法制。 我这篇《修改"医师法"与废止中医》原登在《文星》第六十一号（一九六二年十一月一日台北出版），同朗有吴基福先生的《透视台湾界的"大杂院"--兼谈修改医师法问题》。（一九六三年九月十二日）