Study On The Problems Of The Crimes Of "Medical Troubles" By Mass Disturbance

In recent years,the number of “medical troubles” has been increasing,Irrational allocation of medical resources,deviated patients’ perceptions of diseases,low the quality of individual medical staff,and the inaction of relevant departments has led to the current relationship between medical staff and patients in China.There are many contradictions,and on one hand,the intensification of contradictions between medical staff and patients has hindered the development of the national medical cause,one the other hand,it has also created certain hidden dangers to the harmony and stability of our society.With the promulgation of the Criminal Law Amendment(IX),the word "medical" has been officially included in the regulation of the crime of disturbing social order,and the medical order clearly becomes one of the public orders specifically protected by law.As a major advancement in the field of criminal law in China,it provides a legal basis for the judicial organs to conduct judicial trials.In the whole process of the judiciary,it has achieved legal basis,and has pointed out the way to solve specific problems;It maintains normal medical order,protecting the personal safety of medical staff,and forms a strong protection for social order.The interests criminal law infringed by the "medical trouble" gathering to disturb mainly in two aspects.As the social level,it involves social interests such as medical work order and public safety of medical places.As the individual level,it involves medical personnel and other patients in medical institutions.,such as life health and property safety.There are three characters of gathering people to disturb the medical order,the first is to “gather the crowd”,which is,to organize or plan in advance,and even to have a mass combination of leadership and command;the second is to “disturb” which means,to cause malicious disturbance to the normal medical order.And destructive behavior,not only,specifically including violent disturbances,such as forcibly occupying medical facilities,physically assaulting medical staff,and smashing public property of medical institutions;also including non-violent disturbances,such as sit-in with silence in medical institutions,occupying the emergency passage,etc.;The third is "highly harmful",and the "medical trouble-type" gathers people to disturb the behavior of the social hazard is evern worse,the extent must result the serious situation and causes serious losses.The subject of the crime of "medical trouble" gathers people to disturb social order is the general subject.The subjects of criminal punishment include the primary elements and active participants of the criminal group,and they should have the subjective intention of criminal intention,and the criminal purpose and motivation are various.Every situation is different.In judicial practice,we should first pay attention to distinguishing them between the crime of "medical trouble" of the disorder of social disorder and other titles of crimes,focusing on the crime itself and nuisance of public service,the crime of gathering the public to attack the state organs,gathering people to disturb the order of public places,and traffic order.The crime itself,the crime of gathering people,and other crimes that disrupt public order.Secondly,it is necessary to accurately classify the stop form of the crime of "medical trouble" and disturbing social order,including the conditions for the completions of crime and the unfinished form of crime.Thirdly,it is necessary to strictly control the necessary conditions,subjective and objective conditions for the crime of "medical trouble" to disturb the social order,so as to fundamentally grasp the qualitative problem of the transformation of the crime;Finally,correctly handle the crime problem,Make clear norms for the imaginary competing criminals and implicated offenders who are guilty of "medical troubles" gathering people to disturb social order.