Analysis On The Legislation Of The Crime Of Disturbing Medical Order

Article 31 of the Criminal Law Amendment(9)incorporates the act of gathering people to disrupt medical order into the criminal law to regulate the crime of gathering people to disrupt social order.But in fact,in recent years,medical-related crimes against medical staff and disrupting medical order are still frequent,and even more intense.It is undeniable that disruption of medical order is still a serious social problem in China.But unfortunately,our criminal law is weak in dealing with medical-related crimes.There are still many problems both in theory and in practice.Our country has entered a period of social transformation,and the concept of criminal legislation has changed from passive protection of legal interests to active protection of legal interests.Because citizens' dependence on medical order or medical system is the basis of social stability and rapid development,the special legal interests contained in medical order in modern criminal law should be protected comprehensively and preferentially.In order to effectively govern the increasingly serious medical-related crimes,create a good environment for medical treatment,promote the criminal law protection of the medical industry,and regulate the crime of disrupting medical order in view of disrupting medical order.Specifically,this paper starts with the typical manifestations of disruptive medical order behavior,and defines the concept of disruptive medical order behavior as broad and narrow.This paper adopts broad concepts,which refers to the patients and their relatives who organize themselves or employ others to provoke trouble in medical institutions,to carry out violence,threats,intimidation or to medical personnel after medical disputes occur.Destruction of medical equipment and other serious obstructions to the normal medical order.Through the analysis of the existing common charges of disrupting medical order,ten classical cases are selected from the typical cases of medical-related crimes issued by the Supreme People's Procuratorate,the Supreme People's court and the former Health Planning Commission.The current situation and shortcomings of the regulation of disrupting medical order in criminal law are discussed in detail in the form of table analysis.Secondly,from the lack of principles and the concept of protection of interests,the inadequate regulation of existing charges,the rough identification of the number of crimes,the existence of leniency in sentencing and other aspects,this paper elaborates in detail,and clarifies the loopholes existing in the current criminal law in regulating the behavior of disrupting medical order.Thirdly,the necessity of legislation on the crime of disrupting medical order is discussed from the aspects of the special protection of medical staff,the requirement of the special protection of patients' right to medical treatment,the advance protection of special legal interests in criminal law and the improvement of the criminal law system in our country.The feasibility of legislation on the crime of disrupting medical order is demonstrated from the reference of relevant extraterritorial experience and the space of incorporating the crime into criminal law.Finally,this paper puts forward specific legislative proposals for the establishment of the crime of disrupting medical order,including establishing the criminal law regulation principle of the crime of disrupting medical order based on the principle of modesty and differential treatment;determining the establishment and legislative form of the crime according to the legislative experience of Taiwan and the current trend of decentralized legislation of criminal law;and deconstructing the crime from the four aspects of subject,object,subjective and objective.The essential elements of the crime are to clarify the connotation of the crime of disrupting medical order;referring to the provisions of the crime of insult,defamation,intentional injury and the crime of gathering people to disrupt social order,and combining with the provisions of the crime of disrupting medical treatment in Taiwan,we should improve the penalty of the crime;and through the analysis of the related concurrent charges,we should clarify the number of crimes,and ultimately improve the provisions of the criminal law in order to make contribution to the criminal law in the future.