The Cognizance Of "Medical Disputes" In Criminal Law

In recent years,"medical disputes" occurs frequently,which interferes with the normal operation of medical order,the Criminal Law amendment(Nine)includes medical disputes into the scope of criminal law adjustment,and defines the medical disputes which meet the elements of the crime as conflicts of social order.Criminal Law amendment(Nine)alleviates and curbs the society's growing "medical trouble"behavior occurs frequently,and it maintains the normal operation of the medical order of the medical institution,stops the loss of public and private property in medical institutions,protects the legitimate rights of other patients for medical treatment and their personal and property rights,and promotes the long-term and stable development of medical services."Medical disputes" is a new content in the criminal law amendment(Nine),which is controversial in practice.such as:the boundaries of this sin and the crime being ambiguous,in the practice of "medical disputes" committed by the mob caused by the disruption of social order and the crime of sin,intentional assault,intentional destruction of property and other violations of personal rights,property rights,the crime being not accurate,no uniform understanding of the circumstances,not easy to distinguish between "medical disputes" behavior suspected of criminal offenses,administrative penalties or civil disputes in practice,Can not distinguish the degree of social harm between "professional medical trouble" and "sudden medical disputes"effectively.In order to deal with the above controversy,using the case of Chen's medical dispute,we give several suggestions:when the behavior of the implementation of conviction "medical" infringed by the main and secondary object of this crime and other crime grasp boundaries;making whether the medical dispute behavior caused serious losses and seriously disrupt the normal operation of medical institutions and medical order or not as a serious criteria;to distinguish whether the implementation of "medical dispute" behavior is harmful or not;distinction the degree of social harm between "professional medical trouble" and "sudden medical dispute"strictly,and take is as a basis for sentencing,in hope for criminal judicial practice in the judicial cognizance of the "medical dispute" playing a guiding role.