Evaluation Of The Criminal Law On The Behavior Of "Medical Trouble"

2009 Nanping medical trouble Junbing Yang families and others case has aroused great concern of the national medical trouble, the family members of patients to health care workers were not only abuse, beatings, but also to some extent limit the personal freedom of the medical staff, but in the end the case in consultation with the hospital suffering from side, the hospital compensation for the risk of side 210 000 ended, doctors did not trouble to pursue criminal liability. In the case of Min and Chen Jinquan, et al.In the case of the case, they were identified disturb the crime and mob to disturb social order. Today, the medical trouble phenomenon occurs frequently, the situation is grim, the medical trouble in the end whether there is criminal law should be evaluated on charges of medical trouble processing the application behavior problem is that we urgently clarify the issue. But also has great academic value.In medical trouble incident, medical personal rights, property rights in hospitals and medical staff, as well as the hospital’s medical order and so may have been violated, this is our criminal law to protect the rights and social relations. Thus, the cure is troubled by social behavior is harmful.But will also harm the size according to the social background of doctors to seek place in my country to judge, on balance, not too much blame on the medical trouble, behavior, relative to the US, we should narrow the circle of doctors to seek criminal behavior, those who have already reached the degree of serious social harm behavior was required doctors to seek criminal law evaluation. For those less harmful to society of medical trouble behavior can only be subject to administrative penalties. Because medical trouble, is a social phenomenon, not a single act, then for what degree of harm’s medical trouble before the conduct was criminal law needs evaluation, we can use categorical thinking approach were to be judged. Before "Criminal Law Amendment Nine" entered into force, judicial practice will be more events as private medical trouble dispute, the public authority for more medical trouble taking a wait and see attitude, not to interfere too much.But in fact, many doctors to seek among the existing social behavior has violated the criminal law, but also to evaluate the behavior of medical trouble on charges of criminal law. For example, intentional assault, intentional destruction of public and private property and other crimes. Case "Criminal Law Amendment Nine" despite the clear social order, including medical order, but in fact before the "Criminal Law Amendment Nine" have entered into force with a mob to disturb social order evaluate the behavior of medical trouble, six ministries issued "opinions" also the social order, be construed as including medical order, but those with a mob to disturb social order some doctors to seek evaluation and interpretation of acts of the case does not exist is not the right place, and the "opinions" only made the amplified interpretation, rather than by analogy interpretation, does not violate the principle of legality. Modifications to the mob to disturb social order, although of great significance, but there are still shortcomings, we need to be perfected.