魏则西事件暴露出我国刑法关于医药犯罪的立法缺陷,即对虚假医疗行为缺乏规制。虚假医疗行为实质上是医疗服务行业中的诈骗行为,它不仅侵害就医者的财产权,还严重危害就医患者的身体健康,比一般诈骗行为有更大的社会危害性。立法上应该将虚假医疗行为专门予以犯罪化,并配置高于一般诈骗罪的法定刑以打击遏制。 Wei Zexi incident exposed the legislative defects of Chinese criminal law on medical crimes, that is, the lack of regulation of false medical practices. Fraudulent medical practice is essentially a fraud in the medical service industry. It not only infringes upon the property rights of those who seek medical treatment, but also seriously endangers the health of the patients who seek medical treatment. It is more socially harmful than the general fraud. Legislation should specifically criminalize false medical practices and allocate legal penalties that are higher than those of general fraud in order to curb deterrence.