[2] Compiled from: Chengdu Business Daily, Red Star News, People's Daily
 
[3] On May 29, the official website of the Beijing Municipal Health Commission released the "Beijing Traditional Chinese Medicine Regulations (Draft for Public Comment)," which mentions that slandering or defaming traditional Chinese medicine may lead to legal liability. The draft sparked heated discussion online upon its release.

 
[4] Will slandering and defaming traditional Chinese medicine be criminalized?
 
[5] Article 36 of the Regulations stipulates that activities for promoting and popularizing traditional Chinese medicine culture must comply with relevant national regulations and align with the cultural connotation and development laws of traditional Chinese medicine. No organization or individual may make false or exaggerated claims about traditional Chinese medicine; nor may they use the name of traditional Chinese medicine to seek improper benefits or harm public interests.[6] No organization or individual may slander or defame traditional Chinese medicine in any way or through any behavior.

 
Additionally, Article 54 of the Regulations stipulates that violating the provisions of Article 36, Paragraph 2 of these Regulations,defaming or slandering traditional Chinese medicine, creating disturbances, disrupting public order, and constituting a violation of public security administration shall be subject to public security penalties by the public security organs according to law; if a crime is constituted, criminal liability shall be pursued according to law.

 
What constitutes creating disturbances and disrupting public order
 
First, let us look at the definitions of creating disturbances and disrupting public order. According to the Criminal Law of the People's Republic of China, the crime of creating disturbances refers to wantonly provoking, arbitrarily beating or harassing others, or arbitrarily damaging or occupying public or private property, or creating a commotion in public places, seriously disrupting social order. The crime of creating disturbances refers to wantonly provoking, arbitrarily beating or harassing others, or arbitrarily damaging or occupying public or private property, or creating a commotion in public places, seriously disrupting social order.
 
So, does defaming and slandering traditional Chinese medicine truly amount to creating disturbances and disrupting public order? As a treasure of the Chinese nation, defaming and slandering traditional Chinese medicine is certainly wrong; it is a valuable exploration of effective treatments for diseases. However, traditional Chinese medicine does have shortcomings in certain aspects. The question lies in how to define the standard for defaming and slandering traditional Chinese medicine.
 
Is the Regulation a regulatory document or a legal document?
 
Setting aside the standards for slandering and defaming traditional Chinese medicine, the intent of the Beijing Health Commission's draft opinion is very clear—it aims to protect traditional Chinese medicine, which is inherently a good thing. However, what is puzzling is that this document, though a local regulation, reads very much like a legal statute, which can easily confuse the public.
 
It must be understood that regulations and laws, though differing by a single word, are vastly different. Their legislative authority and legal effect are each distinct.The legislative authority for laws lies with the National People's Congress; only after a law is passed by the National People's Congress can public security organs enforce it accordingly.
 
However, as a "regulation," this "Ordinance" can only serve as a guiding provision to remind relevant personnel. On this basis, public security organs cannot take coercive measures. If public security organs use this ordinance to expand the scope of cracking down on picking quarrels and provoking trouble or disrupting public order, then the ordinance may potentially violate the Legislation Law.

[1] The author's perspective
 
Finally, Zhiming Law Firm kindly reminds you that traditional Chinese medicine is a treasure passed down through thousands of years by the Chinese nation and deserves respect.You may dislike it, but please do not slander or defame it.。