Criminal Law Analysis Of Medical Disputes In Medical Disputes

The party’s eighteen Fourth Plenary Session established to comprehensively promote the rule of law relating to, the rule of law will become the trend of a new round of reform and development of Chinese society. With the in-depth transformation of society and the rule of law, our country in many ways to create great results, but also exposed many outstanding problems in development caused by the accumulation of contradictions in the field of health care, the doctor-patient relationship has become strained, "Medical trouble "phenomenon have occurred, unchecked, it tends to intensify the conflict between doctors and patients, disrupt the normal medical order, and even cause mass incidents have seriously restricted the pace of building the rule of law in our country forward.Based on the first part of the case leads to the "medical trouble" problem. The case led in part by two issues:Nanping "Medical trouble" event and Shenzhen Bao’an District, the country’s first "medical trouble" case, the two cases were from different angles interpretation of the key issues "medical trouble" into the sentence, the Nanping "medical alarm "case due to out of the ordinary medical disputes, the parties do not choose a reasonable route rights, combined with the robbery, criminal law did not join this behavior mob to disturb social order and crime forms, and ultimately lead to group events together; Bao’an District of Shenzhen" medical trouble "case, the perpetrator implemented affect the normal medical order behavior, but does not meet the" serious cases of criminal law standard "provisions, which also shows the principle of statutory offenses. Two cases show the "medical trouble" phenomenon dangers, highlights the "medical trouble," the punishment of the necessity and urgency.The second part of the "medical trouble" into the criminal behavior and Justification. This section discusses the criminal law and criminology from the Perspective of "medical trouble" behavior concepts and doctrine constitute a crime according to the four elements of analysis "medical trouble" acts constitute a crime, the legal principle of crime and prevention of such crimes and punish reasonable. Next, combine the practice of "medical trouble." the expression, will be divided into passive type and violent "medical trouble" behavior, summarized the common characteristics of diversification "medical trouble" behavior, starting from the characteristics of the analysis of its causes, this section separately from the perpetrator (patient side), the victim (the hospital side) and three angles to explore the causes of public opinion. The core of the portion of the other to explore is "medical trouble," the necessity of punishment, existing criminal law has been "gathering crowds to disturb social order", this will be "medical trouble" is written criminal law, is not a new increase in charges, but clearly "medical trouble" applies to "mob to disturb social order", will be held criminally responsible. This is a solemn reminder "medical trouble," the organizers, the participants will pay a heavy price, while reminding law enforcement agencies "medical trouble," Do not be tolerated, "according to the law" must "that there are laws according to". The amendments to the Criminal, clear medical unit intentionally disrupt the order, serious violations of physical and mental health care act is a crime, should be held criminally liable, this way, including "soft medical trouble," including all "medical trouble", are It is included in the scope of the fight against this change, highlighting the rigidity of the rule of law is bound to have an enormous deterrent, so that "medical trouble", especially by those professional "medical trouble", not acts recklessly.The third part of the "medical trouble," the judicial determination of punishment. This section discusses judicial practice from the perspective of crime or crime constitution, finds problem with this crime and other crimes, respectively, from the criminal law provisions of the "ringleaders", "active participant" and "the circumstances are serious", "serious loss "four key words as a starting point to discuss in detail how to define the judicial practice. Next, the discussion focused on the issue several crimes, for the "medical trouble" behavior, and can constitute the other charges were based on different instruments of crime and the result of these charges and how mob to disturb social order of convergence, although the Criminal Code It not clearly defined, but I can draw a general theory under criminal law.The forth part, "medical trouble," assembling a crowd to disturb social order type of recommendation. This part of the "medical trouble" behavior and medical disputes criminal policies and specific application context are described, we proposed the implementation of temper justice with mercy criminal policy, discrimination crime to society harmfulness and degree of harm to legal interests according to criminal behavior to quantify the classification of criminal acts, formed the distinction between different types of crime prevention and punishment, severely punish "doctors to seek" professional groups, leniency reasonable demands "medical trouble," the perpetrator, thereby improving the prevention and punishment of "medical downtown "science class crime. Subsequently proposed constructing standard filing system has a high operability and to avoid excessive expansion of two recommendations of the crime, in order to improve the application of the act constitutes a crime in the area of judicial practice. Finally, I believe that to prevent a "medical trouble" phenomenon, in addition to punishing crime from the criminal law perspective taking "block" approach, but also introduce a third party mediation mechanism, the use of "sparse" approach for both doctors and patients to provide a convenient way to solve contradictions, perfect for a third party mediation mechanisms, mainly from the formation of the author and authority mediation setting, convergence legal effects of the agreement and conciliation proceedings with three angles to elaborate.