On The Determination Of Criminal Responsibility For The Behavior Of Gathering The Masses To Disturb The Medical Order

The basic requirements of the principle of legality principle in Criminal Law:"no crime without a law","law does not punish",if the provisions of the criminal law without a behavior explicitly defined as criminal acts,shall not be convicted or punished,this principle is to protect the rights and freedom of citizen.In today's society,because of the deterioration of the relationship between doctors and patients,the phenomenon of the patient's disrupting medical order is constantly appearing,and even some illegal elements have taken it as an umbrella to avoid the criminal responsibility.The patients are wantonly and scolding the medical and nursing personnel on the grounds of medical accidents,and smashing the property of the hospital in order to claim a huge amount of compensation to the medical institutions.In such a vicious circle,the contradiction between doctors and patients is becoming more and more tense,and the violent incidents caused by the doctor-patient disputes have occurred frequently,which has caused great damage to the harmonious social environment and the relationship between doctors and patients.Legislators in China realize the seriousness of the disturbance of medical order,and adopt legal means to prevent and sanction the behavior of mobs and disrupting medical order.The thirty-first article of the amendment of criminal law(nine),which was implemented in November 1,2015,provides legal basis for disturbing medical order and investigating the criminal responsibility of disturbing people.The promulgation of the amendment of the criminal law(nine)has indeed given a solemn warning to the performer who disrupted the medical order,identifying the acts of disturbing the medical order as criminal activities,investigating the criminal responsibility of the performer,and preventing the public from disturbing the medical order.However,the tense situation of doctor-patient relationship still exists in China,and the disturbance of medical order is still emerging one after another.Thus,it is still necessary to explore this method in practice to solve practical problems.This paper,on the basis of a typical case of medical disputes,clarifies the theoretical foundation of the criminal responsibility to disrupt the medical order and the criminal responsibility of the crime of disturbing the order of the society.When sex.It is necessary to clear the criminal responsibility of the criminal responsibility to identify the criminal responsibility of the medical order,to make clear the subject scope and the classification of the criminal responsibility,to distinguish the specific crime,to distinguish between the crime and the non crime,to the crime and the other,to define the criminal responsibility of the criminal responsibility that is similar to the criminal responsibility of the crime of disturbing the medical order.The principle of criminal law applicable to the disorder of medical order and criminal responsibility should be observed.The basic elements of consideration should be followed,and then legislative proposals are proposed to identify the criminal responsibility of the act.