The Research On Criminal Regulation Of Medical Disturbance In The Perspective Of Harmonious Doctor-patient Relationship

During the past few years,the medical negligence interweaved with ordinary medical risk because of the deficiency of medical and health system.In face of the huge medical system,it is quiet difficult for patients to choose a normal way to safeguard their rights.What's worse,patients' poor legal consciousness leads to frequent incidence of violently murdering or hurting doctors.Some patients flock to disturb the regular working order of medical institutions.Before the Criminal Law imposes punishments on medical disturbance,there are judgments judging the behavior of medical disturbance as Article 290 in the Criminal Law,which is called the crime of gathering to disturb social order.Since Amendment 9 to Criminal Law imposes punishments on medical disturbance,Article 290 has been used to deal with the behavior of medical disturbance by hospitals and judicial authorities.However,a matching judicial explanation has not issued yet.The judicial authorities blindly strike hard on the behavior of medical disturbance without a clear recognition between guilt and innocence.Eventually,the measure of judicial authorities didn't settle medical disputes but raises the instability of the society.This article centers on the condemnation and penalty measurement of a medical disturbance case.The author will draw a conclusion by analyzing issues of guilt and innocence and penalty measurement of the behavior of Zhang and other 5 men with the combination of the law issued by the Supreme People's Court,the Supreme People's Procuratorate and the Ministry of Public Security between the crime constitutions of gathering to disturb social order.The author hopes that the conclusion can establish a limit between innocence and guilt of the behavior of medical disturbance and thus brings some insight into the judicial authorities in handling similar cases.Besides,the author would like to put forward some advice about how to build harmonious doctor-patient relationship.Apart from the introduction,there are four parts and 34,000 words in this article.Section one is about the basic information of the case.There are four aspects in this part.The first aspect is the cause of action.The cause is that Zhang and other 5 men disturb the order of a hospital.The second aspect is about the detail of this case.Zhang Lian and other 5 men are in a rage to disturb medical order because one of their relatives dies in hospital after medical treatment fails.Then this article describes the condemnation and penalty measurement of Zhang Lian and other 5 men.The third aspect is about different opinions on this case.It is mainly about how to determine and sentence their behavior.The fourth aspect is about the focuses of this dispute.Some scholars insists that 6 defendants should be punished with combined punishment for several crimes including the crime of gathering to disturb social order and the crime of disrupting public service.Other scholars hold the opinion that the circumstances of 6 defendants' behavior are relatively minor and their behavior should not be considered as crime.Another focus of dispute is that whether victims' fault should be considered in medical cases.Section two is about legal principle analysis.Firstly,it discusses whether the ringleader in the crime of gathering to disturb social order must exist by describing the scope and purpose of the crime of gathering to disturb social order in Criminal Law.Then it discusses whether people's spontaneous behavior can be defined as gathering a crowd.Secondly,the article would explain “the circumstances' severity” and “severe damage” in the Article 290 of Criminal Law combining legislative spirit and relevant laws and regulations.Then the nature and circumstances of disrupting public service would be analyzed.Finally,it would describe how to determine the victims' fault.The third section is the conclusion of this case.Based on the relevant legal reasoning,this section would draw a conclusion that the ringleader in the crime of gathering to disturb social order must exist and the spontaneous behavior of Zhang and other 5 men should not be considered as the crime of gathering a crowd.The circumstances of Zhang and other 5 men's behavior are not serious.Their behavior doesn't result in severe damage,so it should be punished by the Administrative Sanction Law.The judgment doesn't consider the hospital's fault and its measurement is not suitable.The last section is the research revelation of the case.Judicial authorities should follow the principle of people-oriented,justice tempered with mercy and modesty.Finally,the author would like to put forward some advice about how to build harmonious doctor-patient relationship.