Study On The Act Of Gathering In The Crime Of Disturbing Social Order By Gatheing For Medical Dispute Profits

On August 29,2015,the"Amendment to the Criminal Law(9)of the People's Republic of China"was deliberated and published at the 16th meeting of the Standing Committee of the 12th National People's Congress of the People's Republic of China,which became the beginning that China has effectively promoted the resolution of medical conflicts into the track of rule of law.The social anomie of"medical disturbance"is not unique to modern people but already exists in different social formations.From the point of universal values,"medical disturbance"behavior is the one that the patient,family or professional medical disturbance groups and iscellaneous personnel adopt peace or violent means to siege medical institutions,violate the normal medical order but have not yet reached the level of criminal enforcement,"medical disturbance"type group behavior is,however,"medical disturbance type" assembling behavior is the infraco penal that patients,relatives or professional medical disturbance groups and miscellaneous personnel gather together and take violent or non-violent ways to seriously disrupt the normal medical order and cause serious losses.From the perspective of the criminal law class theory of behavior criminalization,whether an act of"medical disturbance"can be investigated as a crime of gathering people to disturb social order should be grasped from three dimensions:social harmfulness,criminal illegality and penalization,the two behaviors between"medical disturbance"behavior and "medical disturbance type"assembling behavior are not completely equal.Seen from a large number of cases in"medical disturbance type"group behavior,"medical disturbance type"assembled behavior include at least six significant features,namely,the multiple producing causes,intentional inflammatory,implementing undisguised,violent infringement,brevity paroxysmal,behavior illegality of the"medical disturbance type"assembled behavior.From the perspective of criminal law principle,the understanding for the"gathering"and"crowd"of"medical disorder"gathering act is the key to identify the crime of "medical disorder"gathering people to disturb social order,the "gather" includes the premeditated congregation of the actor,as well as the temporary gathering of people,At the same time,only the"gathering"of the actor subjectively to pursue a certain harmful result and then carry out a specific harmful beha'vior can establish a"medical disorder"mass crime;"Crowd"shall be interpreted as more than three people and include three people,and the personnel scope of"crow"shall include the person who musters people himself,only in this way,can it highlight the design purpose of China's penal code to severely crack down on this kind of mass crime.The requirements for carrying out an act not only accord with the formal requirements of a real danger of infringement of legal interests,but also have the substantive requirements of infringement of legal interests,while the"medical disorder"gathering behavior is stipulated in the No.290 specific provision of criminal law,and is expressed as the objective behavior of"gathering a crowd to muster"to disturb the social order,in the meantime,in terms of the nature of the crime of conduct,at the very start,this behavior makes the legal interests of the medical order protected by the criminal law faced with the urgent danger of destruction.Therefrom,the"medical disorder"gathering behavior is the act of perpetrating rather than the preparation behavior,so we can understand why the criminal code takes the"medical disorder"gathering behavior as the criminal law generating force to regulate the conduct of the crime of gathering people to disturb social order.