On The Liability And Medical Countermeasures To Disrupt The Orderly Conduct

In recent years, the frequency of medical malpractice, the risk of side acts ofviolence to disrupt the growing medical order, and even more serious degree ofmalignancy, according to Health Ministry statistics, said recent medical trouble frommore than20,000events across the country, and more than five years ago, nearlytwo-thirds one, in2014disrupted the order of behavioral health coverage until nowhas five times, in2013a total of28times,26times in2012.The face of normal medical order is seriously threatened, April30,2012theMinistry of Health, Ministry of Public Security jointly issued a " notice of institutionsmaintaining medical order " to strengthen the safety management of medicalinstitutions put forward new requirements, a new legal protection. March2014at thesecond session of the NPC, the prime minister in his government work report that theneed to continue to carry out reform of public hospitals as the main theme of healthcare reform. April2014, the Supreme People’s Procuratorate, Ministry of PublicSecurity, Ministry of Justice, Ministry of Health and Family Planning Commissionin-depth research and solicit opinions, formulated the " Opinions on the criminal lawto punish doctors involved in order to maintain normal health "for the criminal law topunish doctors involved in maintenance of normal medical order to build aharmonious doctor-patient relationship is proposed judicial protection.Based on the occurrence of disrupting medical order to summarize the caseanalysis, causes and social harm resulting clear, orderly behavior of the main waysto disrupt medical classify and clarify its legal liability. Finally, the existing domesticand international conflict mediation mechanism between doctors and patients discuss,and strive to set up in line with China ’s basic national conditions and medicalenvironment medical dispute resolution mechanisms to prevent disturbing the orderlyconduct of medical occurrence.Paper is divided into four parts, the main contents are as follows: The first part is to explore the definition of medical order. Around the order, thelegal definition of an overview of the medical order to be able to express a strict orderto disrupt the behavior of health care. By analyzing the characteristics of disruptivebehavior, a clear violation of the subject and the object.The second part focuses on the medical order is disrupting behavior causes andharmful to society. The reason will produce roughly grouped into four categories,specifically related parties at fault. Second, the disruptive behavior caused by thedevelopment of the rule of law and building a harmonious doctor-patient relationshiphazards whole discussion.The third part of the analysis of the type and responsibility disrupt medicalorderly behavior will be discussed. Disruptive behavior will be summarized as assaultand battery, destruction of property and the order of three types of medicalinstitutions were elaborated its manifestations and responsibilities identified.The fourth part focused on how to prevent disturbing the orderly conduct of medicalenvisaged overview. To punish disruptive behavior are discussed legal defects andmake recommendations, and then analyze the existing disposal abroad about thedoctor-patient conflicts, on how to prevent the occurrence of disruptive behaviorlegal advice on the measures.