Research On The Law Of Medical Punishment

China is in the period of social transformation,but also a variety of social contradictions and disputes of the multiple period,medical disputes has become the government and social focus of attention One of the problems.Medical disputes not only seriously affected the stability of the medical order,against the legitimate rights and interests of medical personnel,but also seriously hindered the innovation and development of medical care and progress.The reason why medical disputes is repeated,and our medical and health system,the imperfect system of law is closely related to,one of the important reasons is that China's current criminal law on the regulation of medical trouble there are flaws.In 2015,the Criminal Law Amendment(9)was formally implemented,and amended Article 290 of the Criminal Law to incorporate "medical treatment" into the first paragraph,Clear medical disputes into the crowd to disturb the crime of social order to regulate.However,this amendment did not highlight the protection of the legitimate rights and interests of medical staff,before and after the modification of the social effect is not obvious,for frequent medical disputes event,strengthen the medical trouble of criminal law is imperative.The article is divided into four parts:In the first part,the author mainly elaborates the relevant theories of medical disputes,including the concept,types,development situation,causes and harms of medical disputes,and paves the way for the further study of the regulation of medical criminal law.The current theoretical circles have not yet reached a consensus on the concept of medical disputes,I believe that medical disputes refers to the patient and stakeholder and the organization or individual is employed by the patient,to medical trouble as an excuse,make trouble in medical institutions,disrupt the normal order of medical institutions,threatening or infringing on the legal rights and interests of medical personnel and stakeholder harm behavior.at the same time,from the perspective of criminal law,the medical disputes is divided into benign medical disputes and malignant medical disputes.In the second part,the author discusses and combs the necessity of the criminal law regulation and the present situation of regulation on medical disputes,and analyzes and probes into the plight of the criminal law regulation in order to make the regulation of the criminal law more targeted.The author points out the theoretical dilemma and practical difficulties of criminal law,In theory,there is the lack of the principle of medical law,the lack of criminal legislation,the protection of the lack of medical personnel,the existing charges on the regulation of medical disputes is not comprehensive;In practice,the main drawback is that the medical system is blurry of the application of the crime between the fuzzy.In the third part,the study of the extraterritorial medical dispute regulation of criminal law,draw lessons from the experience of other countries for our medical trouble of criminal law to provide a reference.I believe that China should learn from foreign advanced experience,set up a special offense to regulate medical disputes.In the fourth part,the author studies the consummation ways of the criminal law regulation on medical disputes in our country.In order to solve the difficult problem of the criminal law regulation,we should adhere to the basic principles of the criminal law: Adhere to the criminal law modesty,Civil law and administrative law shall prevail,Temper justice with mercy;Add law to define the concept of medical disputes,Set up violence against medical crime,and set the imagination of the competing offense;In view of the practical dilemma of the criminal law regulation,need to further clarify the medical disputes related to the boundaries between the crimes,in order to provide a more accurate standard of punishment for criminal law regulation.