宋代医药领域的违法犯罪问题初探

学术界对宋代医药事业的蓬勃发展和法制建设的显著成就论述较多,但对医药领域的违法犯罪问题及其相关法规探讨较少。针对发生在医官、军医、民间医者和药材领域中的违法犯罪行为,宋朝政府制订、颁布了许多法规,并设定了相关制度,以惩治上述不法行为。这些法规和制度,具有极高的针对性和侧重点:对医官和进口香药监管得比较严密,对民间医者和药材监管得相对宽松。上述措施确实在当时对医药领域的违法犯罪活动形成了较为完整的规制体系。相关法律与制度对医药领域的违法犯罪行为,确实起到了一定的打击与震慑作用。但是,宋代的巫医仍然活跃且多见,假冒伪劣药材依然泛滥。以史为鉴,宋代的相关经验与教训,值得学界进一步深入研究。

On the Illegal and Criminal Problems in the Field of Medicine in the Song Dynasty

The academic circles have been talking more about the flourishing development of the Song Dynastys pharmaceutical industry and the remarkable achievements of the legal system construction,but less about the crimes and related laws and regulations in the medical field.The Song Dynasty government had formulated and promulgated a number of laws and regulations in response to violations and crimes in the fields of medical officers,military doctors,folk doctors and medicinal materials.These regulations and systems had a high degree of pertinence and emphasis:they had tighter supervision over medical officers and imported fragrant medicines,and looser supervision over folk doctors and medicinal materials.The above measures did form a relatively complete regulatory system for illegal and criminal activities in the pharmaceutical field at that time.Relevant laws and systems had indeed played a certain role in combating and deterring illegal and criminal acts in the pharmaceutical field.However,the witch doctors in the Song Dynasty were still active and common,and counterfeit and shoddy medicines were still widespread.Taking history as a mirror,the relevant experience and lessons of the Song Dynasty deserve further study by the academic circle.